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1 – 10 of 227L.J. Willmer, L.J. Diplock and L.J. Winn
May 10, 1967 Insurance — Employer's liability — Breach by brokers of contract to obtain employer's liability insurance — Damage flowing — Condition precedent in form of policy…
Abstract
May 10, 1967 Insurance — Employer's liability — Breach by brokers of contract to obtain employer's liability insurance — Damage flowing — Condition precedent in form of policy envisaged that employers should take reasonable precautions to prevent accidents — Accident to employee — Negligence and breach of statutory duty to fence dangerous machine established against employers — Risk not appreciated by employers — Whether employers would have been indemnified by insurers — “Reasonable precautions” — Whether necessary to establish their legal liability to do so — Whether probability of payment as matter of business policy sufficient.
L.J. Danckwerts, L.J. Diplock and L.J. Sachs
March 13, 1968 Damages — Personal injuries — Quantum — Sense of smell, loss of — Appropriate sum.
L.J. Danckwerts, L.J. Diplock and L.J. Sachs
March 14, 1968 Building — Safety regulations — Application — Painters engaged in cleaning and dusting prior to painting — Fall from unlashed ladder — Breach of regulation 29(4)…
Abstract
March 14, 1968 Building — Safety regulations — Application — Painters engaged in cleaning and dusting prior to painting — Fall from unlashed ladder — Breach of regulation 29(4), if regulations applicable — Whether dusting included in operation of “redecoration” — Building (Safety, Health and Welfare) Regulations, 1948 (S.I. 1948, No.1145), reg.2(1).
Parker of, L.J. Diplock and J. Ashworth
March 9, 1967 National insurance — Industrial injuries benefit — Assessment — “Disabilities” to be taken into account — Disease contracted after, and not directly attributable to…
Abstract
March 9, 1967 National insurance — Industrial injuries benefit — Assessment — “Disabilities” to be taken into account — Disease contracted after, and not directly attributable to, accident — Eye loss resulting from accident — Subsequent contraction of non‐attributable disease in remaining eye before date of assessment — Claimant's “physical and mental condition at date of assessment” — Rules for determining existence of statutory chain of causation between relevant accident and particular disability — Whether rules modified by regulations — National Insurance (Industrial Injuries) Act, 1965 (c.52), s. 12, Sch. 4, paras. 1,2 — National Insurance (Industrial Injuries) (Benefit) Regulations, 1964 (S.I. 1964 No.504), regs.2,3.
Parker of, L.J. Diplock and J. Ashworth
March 7, 1967 Master and Servant — Dismissal — Redundancy — Sale of premises used for manufacturing by first employers to second employers for conversion — Employment by second…
Abstract
March 7, 1967 Master and Servant — Dismissal — Redundancy — Sale of premises used for manufacturing by first employers to second employers for conversion — Employment by second employers for only 101 weeks — Whether successive periods of employment continuous — Whether “business … transferred” to second employers — Whether “change … in … ownership of … business” — “Business” — “Activity” — Contracts of Employment Act, 1963 (c.49), Sch. l, para.l0(l)(2) — Redundancy Payments Act, 1965 (c.62), ss.l(l), 8, 13(1), 25(1).
L.J. Danckwerts, L.J. Diplock and L.J. Sachs
March 12, 1968 Factory — “Lifting machine” — Push button control — Workman operating crane thereby, ruptured thumb — Stiff buttons assumed to be faulty control — Stiffness caused…
Abstract
March 12, 1968 Factory — “Lifting machine” — Push button control — Workman operating crane thereby, ruptured thumb — Stiff buttons assumed to be faulty control — Stiffness caused by fault in electrical circuit — Whether part of lifting machine — Factories Act, 1961 (9 & 10 Eliz.II,c.34), s.27(1).
Parkerof Waddington, L.J. Diplock and J. Ashworth
February 28, 1967 Master and servant — Dismissal Redundancy — “Place where the employee was so employed” — Employee living and working in Sussex — Termination of employers' work…
Abstract
February 28, 1967 Master and servant — Dismissal Redundancy — “Place where the employee was so employed” — Employee living and working in Sussex — Termination of employers' work in Sussex — Notice offering alternative employment elsewhere — Transfer clause in Working Rides Agreement — Employee's refusal of alternative employment — Whether employee “dismissed” — Whether dismissal by reason of redundancy — Whether entitled to redundancy payment — Redundancy Payments Act, 1965 (c. 62), ss. 1,3.
L.J. Danckwerts, L.J. Diplock and L.J. Sachs
February 28, 1968 Factory — Lighting — “Sufficient and suitable” — Effective lighting provided — Lighting not switched on — Whether breach of statutory duty — Roadway 30 feet wide…
Abstract
February 28, 1968 Factory — Lighting — “Sufficient and suitable” — Effective lighting provided — Lighting not switched on — Whether breach of statutory duty — Roadway 30 feet wide — Whether “passage” or “gangway” — Factories Act, 1961 (9 & 10 Eliz.II, c.34), ss.5(1), 28(1).
L.J. Willmer, L.J. Diplock and Edmund Davies
April 3, 1968 Occupier's Liability — Common duty of care — High tension cable — Agricultural show — Uninsulated high tension wire crossing show site — Flagpole being erected by…
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April 3, 1968 Occupier's Liability — Common duty of care — High tension cable — Agricultural show — Uninsulated high tension wire crossing show site — Flagpole being erected by exhibitors' employee — Employee electrocuted by pole coming into contact with high tension wire — Whether unusual danger — Whether duty to warn — Necessity for notices on site — Contributory negligence — Experienced employee — Whether insufficient care taken for own safety — Occupiers' Liability Act, 1957 (5 & 6 Eliz.II, c.31), s.2.