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Case Law Index

Check Your Syllabus

In General these cover some of the requirements of the NEBOSH / MsC Occupational Safety and Health and General Certificate and Diploma, but you do need to check your syllabus and course notes for the most relevant case's suited to your course.

Alphabetical List

  Armour v Skeen (1977) “Personal Liability of Executives” Personal liability of executives.
  Adsett v K & L Steel Founders and Engineers Ltd [1953] "Practicable" : stricter standard.
  Allen v. London Borough of Barnet (1997) Negligence, breach of duty
  Alan Brookes v. South Yorkshire Passenger Transport Executive and Mainline Group Limited (2005) Negligence, foreseeability of injury
  British Railways Board v Herrington (1972) – “Occupiers Liability (Trespass)” Common law duty owed to trespassers – reckless disregard for safety. Occupiers Liability Act 1984.
  Byrne v Boadle (1863) 2 H &C 722 ‘Res ispa loquitor.’
  Cambridge Water Co v Eastern Counties Leather plc (1994) – “Nuisance” Forseeability of damage is a requirement for strict liability as well as for nuisance.
  Corn v Weirs Glass (Hanley) Ltd (1960) – “Safe Place of Work” Breach of statutory duty. Guardrails etc for working platforms, gangways, runs and stairs.
  Caparo v Dickman (1990) – “Duties Owed to Others”
  Cleminson (Andre Henry ) v. John Addley Limited and Croda Resins Limited (1999) Personal injury, damages, contributory negligence
  Coley v. Securicor (1998) Personal injuries, breach of duty, damages
  Donoghue v Stevenson (1932) – The common law duty of care; the ‘neighbour principle’
  Dugmore (Alison) v. Swansea and Morriston NHS (2002) Personal injury, negligence, claim for damages, breach of duty
  Edwards v National Coal Board (1949) – “Reasonably Practicable”
I Imperial Chemical Industries v Shatwell (1965) Volenti non fit injuria.
  Latimer v AEC Ltd (1953) – “Safe Place of Work” Freak and unexpected hazard; practicability of precautions.
  Lister v Romford Ice & Cold Storage Co. Ltd. (1957) Vicarious liability.
  Marshall v Gotham & Co Ltd (1954) – “Practicable” Comparison of ‘practicable’ and ‘reasonably practicable’ precautions.
  McArdale v Andmac Roofing (1967) 1 AER 583 - McArdle -v- Andmac Roofing Co  - "Control of contractors" which it was held that when an employer engages an independent contractor and assumes the duty of coordinating the work through an agent or servant the employer is under a duty to see that reasonable safety precautions were taken for the sub-contractor’s employees.
  McWilliams (or Cummings) v Sir William Arrol [1962]  “Breach Must Cause Injury” The breach of statutory duty. No liability if employee refuses to wear safety devices.
  Mersey Docks and Harbour Board v Coggins and Griffiths (Liverpool) Ltd (1947) – “Vicarious Liability” Master/servant relationship – persons who must be protected.
  Morris v Murray (1991) Volenti non fit injuria.
P Paris v Stepney Borough Council (1950) Special duty of care.
  R v Associated Octel Co Ltd (1996) – “Safety of 3rd Parties (Provision of Safe System of Work)” Meaning and extent of ‘conduct of undertaking’ as applied to HSW Act s3.
  R v. Board Of Trustees Of The Science Museum (1993) Duty not to expose public to risks to health or safety,
  Rylands v Fletcher (1861) – “Nuisance (Strict Liability)”
  Rose v Plenty (1976) Vicarious liability.
  Robert Addie & Sons (Collieries) Ltd. v. Dumbreck
  R v Swan Hunter Shipbuilder & Another (1982) “Safety of 3rd Parties (Provision of Info)” HSW Act s2.2.
  R v British Steel Plc (1994) Defence of reasonably practicable; proper delegation; directing mind of the company.
  R v Nelson Group Services (Maintenance) Ltd (1999) ‘So far as is reasonably practicable’ as a defence.
  R v. Abdul Majeed (1996) Contravening a requirement of a prohibition notice R v. Board Of Trustees Of The Science Museum (1993)
  R v Cova Products Limited (2005) To conduct his undertaking in such a way as to ensure that persons not in his employment are not exposed to risks – section 3, 4
  R v. F. Howe and Son Engineers Limited (1998)
  R v. Hall & Co. Ltd (1998) Breach of statutory duty, no proper risk assessment
  R v. Mara (1986) “Undertaking”, Employer's liability, use of company equipment
  Summers (John) & Sons v Frost (1955) - The absolute duty; reasonable foreseeability.
  Smith v Baker & Sons (1891) – “Voluntary Acceptance of Risk” Contributory negligence – knowledge by the plaintiff. Volenti non fit injuria.
  Sutherland v Hatton; Barber v Somerset County Council, Jones v Sandwell Metropolitan District Council; Bishop v Baker Refractories Ltd 2002 (Joined cases) Stress; psychiatric illness; duty of care; damages; general principles for psychiatric illness cases.
  Smith v Baker & Sons (1891) – “Voluntary Acceptance of Risk” Contributory negligence – knowledge by the plaintiff. Volenti non fit injuria.
  Tesco Supermarkets Ltd v Nattrass (1971) – “Due Diligence”
  Uddin v Associated Portland Cement Manufacturers Ltd (1965) “Breach of Statutory Duty” Contributory negligence; employee in unauthorised place.
  Walker v Northumberland County Council (1994) – “Stress”
  Wilsons and Clyde Coal Co. Ltd v English (1937) – “Employers Common Law Duties” Duties of employers at common law; liability of employer for acts of agent.


  Vessoso and Zanetti. Meaning of waste according to EU Directives. The definition of waste cannot be dependent on the disposer's subjective intentions.
  Kent County Council v Queensborough Rolling Mills Ltd. Control of Pollution Act 1974, ss.3 and 5. Controlled waste and "useful purpose" The grading of material which was controlled waste did not take it out of the ambit of controlled waste simply because it was put to a useful purpose.