A Court should not be astute to find against either party, but should apply the ordinary standards. Lord Goddard said: ‘In the first place I think one may say this, that where you find there has been a breach of one of these safety regulations and where you find that the accident complained of is the very class of accident that the regulations are designed to prevent, a court should certainly not be astute to find that the breach of the regulation was not connected with the accident, was not the cause of the accident’
References: [1945] 1 All ER 387
Jurisdiction: England and Wales
This case is cited by:
- Cited – Vyner v Waldenberg Brothers Ltd CA ([1946] KB 50)
Vyner was working a circular saw when part of his thumb was cut off. The saw failed in several respects to comply with the Woodworking Machinery Regulations, and in particular the guard was not properly adjusted. The accident happened before the . . - Cited – Bonnington Castings Ltd v Wardlaw HL ([1956] 1 All ER 615 HL(Sc), [1956] 2 WLR 707, [1956] AC 613, 1956 SC (HL) 26, Bailii, [1956] UKHL 1)
The injury of which the employee complained came from two sources, a pneumatic hammer, in respect of which the employers were not in breach of the relevant Regulations; and swing grinders, in respect of which they were in breach.
Held: It had . .
(This list may be incomplete)
Last Update: 12 July 2020; scu-Ref: scu.652298