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Held: Human rights law did not create civil rights, but rather voided. Times Feb,  UKHL 4,  2 WLR , Gazette Apr,  1 AC , 14 BHRC ,  PIQR P24,  UKHRR ,  ACD 42,  ICR ,  1 All ER ,  HRLR 2 Cited — Bici and Bici v Ministry of Defence QBD 7-Apr Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car.
Held: The incidents occurred in the course of peace-keeping duties. It was. The parties requested a new inquisition after the coroner had rules that human rights law did not apply to servicemen serving outside Europe.
Reports had been prepared. The defendants said that he had been an independent contractor for whom they did not have responsibility.
In one case the deaths were from detonations of improvised explosive devices, and on others as a result of friendly fire.
It was said that there had been a foreseeable. Scaffolding is an ordinary piece of equipment on a building site.
As a general rule an occupier of a building did not owe a duty of care for the safety of employees of its independent contractor.
However, there may be occasions when such a duty of care might arise. It would be an unwarranted extension of the nursemaid school of negligence to hold a main contractor liable to the employee of a sub-contractor for failing to verify his training in the use of scaffolding on a building site.
Such judgements are not always easy or clear, since building sites and scaffolding are inherently dangerous places.
Accordingly a main contractor was not liable in negligence nor under the Act where one contractor was injured as a result of using scaffolding erected by another sub-contractor.
Mantell LJ Times Jun, Gazette Jun,  EWCA Civ ,  BLR Bailii England and Wales Cited by: Cited — EH Humphries Norton Ltd. His employers having settled, obtained contribution orders from the main contractors and building owners who each now appealed.
Held: Whether main contractors were also liable to. The actor Roy Kinnear died on being thrown from a horse while making a film in Spain.
His widow sought damages from the fim company who in turn sought to issue a third party notice against those involved in Spain. Held: A third party claim with a sufficient nexus may bring a main claim with Brussels Convention.
Phillips J Times Mar,  EWHC QB 1,  1 WLR ,  3 All ER 42,  ILPr Bailii. A Health and Safety inspector, making negligently excessive requirements of operators of a bungee jump, was not liable since he operated under a statutory duty and had no duty of care to the operators.
His duty was owed to members of the public. They succeeded on appeal, but the business was by. The company had contracted to remove asbestos.
Before work was to start, the inspector found defective equipment. The prosecutor appealed the acquittal on appeal to the Crown Court. The duty to provide safe equipment applied even though it had not been used.
Times Aug, Gazette Jan,  ICR , SJLB 13,  IRLR ,  COD Health and Safety at Work Act 2 1 2 a. Employees of one company were injured whilst working cleaning the premises of another.
The issue was as to apportionment of the personal injury damages between the two companies. Held: There was an error of approach by the Recorder entitling the Court of Appeal to interfere with the apportionment.
Where employees of a company were working at a remote site, the employers retained the primary responsibility for ensuring that a safe place of work and method of work were provided, even when this extended to the condition of fittings at the remote premises.
In this case the employers had 75 per cent and the owners of the building 25 per cent responsibility. One party sought to appeal the apportionment of damages.
A failure to provide guidance to employee resulting in repetitive strain injury. Gazette Aug, Gazette Oct Citing: Appealed to — Pickford v Imperial Chemical Industries Plc HL Jun In the absence of conclusive evidence establishing a cause of a condition, the judge was free to find that causation was not established and that the claim was lost.
There was no necessary obligation on an employer to have procedures which might. Times Jun,  UKHL 25,  3 All ER ,  1 WLR Cited by: Appeal from — Pickford v Imperial Chemical Industries Plc HL Jun In the absence of conclusive evidence establishing a cause of a condition, the judge was free to find that causation was not established and that the claim was lost.
A regulation encompassed a requirement to take specified action, so far as it is reasonably practicable, in order to prevent danger.
He said that the defendant had not satisfied its statutory obligation to fence off the substation. It was a case claiming damages for personal injury in the form of hearing losses incurred at work.
Sedley LJ was Hon President of. Non-employers can owe a duty of care analogous to those owed by an employer particularly where the non-employer is engaged in operations which may affect the sub-contractor or his employee  1 All ER ,  1 WLR , Sol Jo 37 England and Wales Cited by: Cited — EH Humphries Norton Ltd.
The test is objective and impersonal. Is the part such in its character, and so circumstanced in its position, exposure, method of operation and the like, that in the ordinary course of human affairs danger may reasonably be anticipated from its use unfenced, not only to the prudent, alert and skilled operative intent on his task, but also to the careless or inattentive worker whose inadvertent or indolent conduct may expose him to risk of injury or death from the unguarded part?
He fell from a ladder which was not secured properly. He alleged a breach of the Regulations. The defendant denied any breach and asserted that the claimant had.
The employer now appealed a finding that it was responsible for a tort committed by a manager, saying. The defendant complained that section 40 imposed a burden of proof upon him which infringed the presumption of innocence and his right to a fair trial.
The trial judge held that the burden imposed a legal burden rather than an evidential one. Held: The Act could not be read down so as to impose only an evidential burden on the defendant.
The court applied the three stage test from Kebilene, asking what the prosecution had first to prove to transfer the burden, then what are the characteristics of what the defendant had to prove, and what was the threat to society addressed by the transfer of the burden.
Here, there was no threat of imprisonment, and enforcement would be impossible without such a transfer. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown.
A suggestion that the offence for. Times Nov, Gazette Nov,  UKHL 43,  2 AC ,  3 WLR ,  Crim LR ,  4 All ER ,  1 Cr App Rep , 11 Admin LR , 2 LGLR ,  HRLR 93,  UKHRR She had washed his overall each day, and had so been exposed to the lead oxide.
It was not foreseeable that the extent of exposure to a spouse would be so great as to create a risk. The exposure of the husband himself had been not such as to give rise to liability.
Gazette Apr,  ICR Control of Lead at Work Regulations No 8. A prison governor sent out a warder with two violent prisoners where it was policy not to bring such prisoners together.
The warder suffered injury as a result. There could be no breach of statutory duty where the governor exercised a discretion given to him as to how a statutory function was to be fulfilled.
Nevertheless he might be liable in negligence. Denning LJ  1 KB Cited by: Cited — Baker v Quantum Clothing Group Ltd and Others SC Apr The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the Regulations came into effect.
Hodson LJ  2 QB England and Wales Cited by: Cited — Baker v Quantum Clothing Group Ltd and Others SC Apr The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the Regulations came into effect.
A steel storage cabinet was held to be work equipment. He was injured by a door closer he was attempting to repair.
The defendants denied that the mechanism was equipment within the Regulations. Held: The appeal was allowed. The door closer was.
Lord Justice General Normand JC 1 Cited by: Cited — Robb v Salamis M and I Ltd HL Dec The claimant was injured working for the defendants on a semi-submersible platform.
The deceased had worked as a lorry driver regularly collecting pulverized fuel ash from a power station. His widow now pursued his claim that the respondent had failed to comply with the Regulations.
To suggest that they import some intimate connection with the manufacture of a product introduces an unnecessary and unwarranted gloss on the subsection.
I would therefore hold that the lagging work which Mr McDonald encountered in the power station constituted a process for the purposes of section 47 and that the first condition necessary to show breach of subsection 1 of that section has been met.
For two years, it was part of his job to mix asbestos flock with water in a bucket and then apply it to the plattens of a press. Times Mar,  EWCA Civ ,  ICR ,  PIQR P19 Appeal from — McDonald v Department for Communities and Local Government and Another CA 6-Nov The claimant was a lorry driver making collections from a power station.
On his visits, he visited areas where asbestos sludge was being used. He contracted mesothelioma, and now sought damages. The defendants replied that he was not a worker at the.
The Court of Appeal had held that the Regulations applied even though he was not emplyed by the appellant company.
Held: Affirmed. The power contained in section For the reason I have given with regard to section 4 1 I do not think that section 47 1 applies to the facts of.
He had worked two years at each of the sites erecting pipes, breaking into old pipes and. The protection. Unreported, 15 June Cited — Harrison v National Coal Board HL The plaintiff sought damages from his employer after suffering injury when a co-worker fired a shot in the colliery, acting in breach of the regulations.
Held: There was no vicarious liability duty in law on the managers to ensure compliance. Held: Legislation protecting safety in the workplace gives rise to an action by a person for whom the protection was intended for.
The presence of the silica, and its harmfulness, had not been known at the time. Held: The. Held: There is nothing new in construing legislation designed for the protection of workers as inapplicable to other visitors to the relevant premises.
He wanted to catch a pigeon sitting behind the revolving shaft of a machine. He climbed a vertical steel ladder to a platform where he knew he was not.
These lists may be incomplete. Leading Case Updated: 13 December ; Ref: scu. The deceased worked for the defendants on an oil rig. The door closer was apparatus for use at work, though provided by a different company.
The Regulations went beyond the scope of the Directive and did not limit liability to employers only, but did not specify the provider.
Indeed, that is just common sense — not only for oil platforms but for any factory or workplace where major repairs to equipment may have to be carried out.
The duty applied equally to both, and the liability which it creates is strict:. Not approved — Hammond v Commissioner of Police for Metropolis and others CA Jun The claimant mechanic was employed by the Commissioner of Police.
He was working on the wheel of a police dog van when the shearing of a wheel bolt caused him to suffer injury. An employer is liable for the defective equipment he provides.
What is equipment will. Cited by: Cited — Smith v Northamptonshire County Council HL May The claimant, a health care worker was visiting the home of a client when she fell from a defective wheelchair ramp and suffered injury.
She sought damages from her employer. Held: Her appeal failed Lord Hope and Lady Hale dissenting. Leading Case Updated: 12 December ; Ref: scu.
An action was brought for injuries caused by a breach of statutory of duty. Lord Atkin said that a common sense rather than a philosophical or scientific approach to causation was to be adopted.
In that case the Plaintiff cannot recover because the injury is partly caused by what is imputed to him as his own default. On the other hand, if the Plaintiff were negligent, but his negligence was not a cause operating to produce the damage, there would be no defence.
Another vehicle ran into the back of the first vehicle, injuring the plaintiff. He contended. He had inserted a monitor into the umbilical vein.
The claimant suggested the treatment should have been by a more senior doctor. The hospital appealed a finding that it.
Held: It had. The claimant sought damages for the development of neural plaques, having been exposed to asbestos while working for the defendant. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but signalled the presence of asbestos in the lungs.
The employer appealed a finding of liability. Held: The claims for damages failed. This is not a case where a claim of low value requires the support of other elements to make it actionable.
It is a claim which has no value at all. Pleural plaques are a form of injury. But they are not harmful. They do not give rise to any symptoms, nor do they lead to anything else which constitutes damage.
Furthermore it is not possible to bring the risks of developing a harmful disease into account by applying the ordinary rules of causation.
The risks are no doubt due to the same exposure to asbestos. But they are not created by, or in any way contributed to, by the pleural plaques. Pleural plaques were apparent on X-ray and the pleura would constrict the lung and induce breathlessness; and the asbestos must have.
Unreported, 19 March , Times Mar Cited — Cartledge v E Jopling and Sons Ltd HL The plaintiffs were steel dressers who, in the course of their employment, had inhaled quantities of noxious dust which had caused them to suffer from pneumoconiosis.
They issued proceedings on 1 October but were unable to show any breach of. X-rays revealed development of pleural plaques, but these would remain asymptomatic.
Held: Material damage sufficient to set time running was the same as damage. Unreported 29 July ,  CLY Cited — Brunsden v Humphrey CA The defendant had negligently caused damage to a cab driver and his vehicle in the same accident.
The cab driver obtained damages for the damage to his vehicle. Held: He was not disentitled from bringing fresh proceedings for damages for. She was at home at the time of the accident, but went to the hospital immediately when she had heard what had.
Held: Neither the risk of future injury nor anxiety at the prospect of future injury is. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim.
Held: Smith LJ dissenting The. Held: Employers have a duty to take reasonable care for the safety of their employees.
There are. Times Feb, Gazette Mar,  EWCA Civ 76,  2 All ER 1,  ICR ,  PIQR P,  Emp LR ,  IRLR , 68 BMLR Cited — Barber v Somerset County Council HL 1-Apr A teacher sought damages from his employer after suffering a work related stress breakdown.
Held: The definition of the work expected of him did not justify the demand placed upon him. The employer could have checked up on him during his.
The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for.
A child climbed down the hole. When he came out he kicked over one of the lamps. It fell into the hole and caused an explosion.
The child was burned. Children tried to repair it, jacked it up, and a child was injured when it fell. It was argued for the boy, who now appealed dismissal of his claim by the Court of Appeal,.
Both cars suffered considerable damage but the drivers escaped physical injury. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time.
Gazette Jun, Independent May, Times May, 92 LSG 33,  RTR ,  AC ,  2 All ER ,  UKHL 7,  PIQR P,  2 WLR ,  2 Lloyds Rep 95 Cited — Meikle v Sneddon The pursuers sought damages for the wrongful arrestment of their ship.
They claimed andpound; as solatium for injury to their feelings. But the only loss that had been actually sustained was the sum required to relieve the vessel from the.
The rule had to be applied with robust vigour in favour of the tenant unless the. One issue was whether this rendered the defendants liable for psychiatric illness caused by the shock.
Times Dec,  EWCA Civ ,  Lloyds Law Rep Medical Cited — White, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec No damages for Psychiatric Harm Alone The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy.
Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the. He brought an action of damages against his employers, and later convened as second defenders the manufacturers of the machine, who had.
His injuries became more severe, and he came to suffer a disabling depression. Held: the Inner House had been wrong to characterise the Outer House decision as.
The Society sought to recover the payments it had made from its compensation fund. The defendant pleaded.
The Lord Ordinary found that the pursuer who sought damages for pneumoconiosis did not begin to suffer from until The defendant replied that such plaques and pleural thickening were not a sufficient injury.
Held: The court could infer permanent. Cited by: Cited — Calvert v William Hill Credit Ltd ChD Mar The claimant said that the defendant bookmakers had been negligent in allowing him to continue betting when they should have known that he was acting under an addiction.
The defendant company had a policy for achieving responsible gambling,. She had communicated with her managers many times about the overload. Other staff had resigned for similar reasons.
Held: The pursuer. The samples were effectively destroyed when the fridge malfunctioned. Each claimant was undergoing chemotherapy which would prevent them.
The organism had escaped from their premises via a broken drain. Held: Much of the damage claimed. The Act would make their insured and themselves liable to very substantial unanticipated claims for damages for pleural plaques which would not previousl or otherwise.
They appealed against rejection of their challenge to the Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable.
The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered. Held: The Bill fell outside the legislative competence.
The plaintiff sought damages from his employer after suffering injury when a co-worker fired a shot in the colliery, acting in breach of the regulations.
Held: There was no vicarious liability duty in law on the managers to ensure compliance by their workers to the regulations.
In the performance of his work he was required by the regulations to adopt certain precautions which Parliament had prescribed for the safety of those employed in coal mines.
But it is not correct to say that he was not acting for his master. The firing of the shots was the work which he was employed by the defenders to do.
His failure to take the precautions which Parliament has required of him did not take him outwith the scope of his employment.
Accordingly, his acts were still within the area in which the vicarious responsibility of a master operates. Lord MacDermott, Lord Porter  AC ,  1 TLR ,  95 Sol Jo ,  1 All ER England and Wales Cited by: Cited — Nicol v National Coal Board SCS The court considered a claim against his employer after the plaintiff suffered injury after a breach of safety regulations by a co-worker.
He appealed a strike out of his claim. Held: The appeal succeeded. ECJ Reference for a preliminary ruling: Arbeitsgericht Lorrach — Germany.
It is the responsibility of the National Court to ensure that the rules of Community law are fully effective.
Cited by: Cited — Greenalls Management Ltd v Customs and Excise HL May Volumes of vodka were transferred from a secure warehouse to a carrier for export.
They were diverted, and not exported and the Customs sought the unpaid duty from the warehouse. She was the carer for her disabled son. Held: To succeed the claimant would have to show that associative discrimination was prohibited by the directive and that the Act could.
Though heterosexual, he had been subject to persistent jokes that he was homosexual. The company argued that it was based on the fixed annual remuneration, and the pilots argued that it should include other.
He now said that he should be entitled to a judicial pension on retirement by means of the Framework Directive. The Regulations disapplied the provisions protecting part time workers for judicial office.
An earlier judgment had. It provided systems for recovering materials deleted from Nokia mobile phones.
They sought pay for their annual leave made up of three elements: a proportionate part of the fixed annual sum paid for their. Leading Case Updated: 11 December ; Ref: scu.
A worker was injured by a negligently driven crane. The hire contract made the driver the employee of the defendant stevedores.
Decisions of this kind depend on the particular facts and many factors may bear on the result. Considerations include: a the burden of showing that responsibility does not remain with the general employer is on the general employer and is a heavy one b by whom is the negligent employee engaged?
Who pays him? Who has power to dismiss him? Who is entitled to tell the employee the way in which he is to do the work upon which he is engaged?
In the Mersey Docks case, the stevedores had no responsibility for the way in which the crane driver drove his crane, and it was this which caused the accident.
The ultimate question may be, not what specific orders or whether any specific orders were given, but who is entitled to give the orders as to how the work should be done.
A fitter caused a flood acting irresponsibly. Held: The court reviewed the law of vicarious. Most train tickets are not bound to a specific train at a specific departure time.
Some tickets are however special offers, It may sound mocking to them, just explain quickly that it's the best way to learn a language. As far as I know there is no programme to learn the dialect, as most people want to improve their speech to high german, not the other way around.
You can easily ask people on the street, young adults are your best bet for getting people who can give good directions in English.
They will quickly pick up your accent and falsely assume you for being from the USA ; Many Germans will be eager to try their horrible English on you.
No, the irony does not escape me. My English sucks. If someone asks you "Wie geht's? Use formal 'Sie' whenever you are talking to higher-ups like your boss, and colleagues when you meet them.
They will offer you to use "Du" soon enough. If you are in a situation in which you aren't sure, use "Sie," coming from an English-speaker it's never taken to be bad.
Best tactic would be to ask one or all of your coworkers to accompany you for a coffee. Generally, I'd recommend going to a larger bank like Sparkasse, all bank-tellers will help you in English.
As long as you have a residence and a passport there shouldn't be a problem. Credit card are rarely used in Germany, EC-cards are commonly used for big purchases.
Transfers are easy, look for signs or ask personnel if you're confused. Tickets are checked during the train-ride if its a costly ride, otherwise seldom.
There won't be last minute offers, it's more the other way round: If you know a long time in advance when you want to ride the train, there are special offers.
Be sure to ask for Contract free both costs same. You can sign up online at www. OP: His answer to 5 is dumb and immature. If you'd ask the latter question, people would dislike you.
Many Germans think they speak high German. Few do, but it's close. Because there is no official "high German," everyday words can vary from region to region.
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Want to add to the discussion? Post a comment! Create an account. If youre talking, it will be comma. If you write If youre doing math doesnt matter too much.
Make sure you take your passport with you. You can try anyways, most people will play along ; Most train tickets are not bound to a specific train at a specific departure time.
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