WRULD Claims heard in England, Scotland and Wales

References to and/or interpretations of Health and Safety Regulations - Rance - v - Lomax Sayers Ltd

Manual Handling Operations Regulations 1992
Contextual Commentary | Rance - v - Lomax Sayers Ltd | Find Other Cases

In this County Court Judgment on the 30th April 2001, at paragraph 9, having found there was a foreseeable risk of upper limb disorder, Mr Recorder Donne says:

I have had regard to the Manual Handling Regulations but, in the light of my findings, I do not think they add very much.

Nevertheless, at paragraph 20, Mr Recorder Donne says:

Linking my findings in the two aspects of the claim (work and medical) I find that the Defendant was in breach of its statutory duty under the Manual Handling Operations Regulations 1992 under Regulation 4(1)(b)(i) in failing to make a suitable and sufficient assessment of the manual handling operation and Regulation 4(1)(b)(ii) in failing to take appropriate steps to reduce the risk of injury to employees undertaking manual handling operations to the lowest level reasonably practicable.

I find that they were negligent in relation to .........

I find that these breaches and negligence were causative of the Claimant's tendonitis suffered increasingly through 1996 and on into 1997.

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Last updated: 14/05/2013