WRULD Claims heard in England, Scotland and Wales

References to and/or interpretations of HSE Guidance Documents - Cowley -v- The Stroke Association

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Regulation 11	Cowley -v- The Stroke Association | Find Other Cases

In this County Court Judgment on the 1st July 2010, at paragraph 8, HH Judge Hampton says:

The claimant, of course, had no training and no information at that stage about repetitive strain injury, a term which is now disapproved of, but most people know what it means. There is a health and safety leaflet about this, apparently published by the Health and Safety Executive, and Miss D told me that it was on the staff room notice board, but no one drew the claimant's attention to it and she was not provided with a copy for herself.

In paragraph 20, HH Judge Hampton says:

So far as the allegations with regard to Regulation 6 and 7 are concerned, those have been conceded and I find that placing a booklet in a staff room is not adequate; indeed had those breaches not been conceded I would have found the defendants in breach. However, for the reasons that I have already given, I have come to the conclusion that the course of the history of this case, on the balance of probabilities, would not have been any different. Even if the claimant had had further information, whilst she might have gone to her doctor a little earlier than she actually did, she would have continued to work for the defendants and because of the findings that I make on medical causation, it would not have affected the eventual outcome to this case.

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Last updated: 14/05/2013