Alsop v Sheffield City Council [2001] EWCA Civ 1281 (17 July 2001)

Alsop v Sheffield City Council [2001] EWCA Civ 1281 (17 July 2001)

There was a contradiction between the way the Council presented its case and the judge's findings, and the absence of Council evidence may be significant if the burden of proof is on them. This warrants granting permission to appeal.

Citation
[2001] EWCA Civ 1281
Parties
Claimant/applicant: Thomas Alsop; Defendant/respondent: Sheffield City Council
Jurisdiction
England and Wales
Judgment Date
17 July 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Manual Handling Operations, Employer's Duty of Care, Workplace Safety
Personal Injury Employment Law Manual Handling Operations Employer's Duty of Care Workplace Safety

Case Brief

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Parties

Thomas Alsop

Claimant/applicant

Sheffield City Council

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claimant's method of moving the wheelie bin constituted an unnecessary risk
  2. 2 Whether the employer provided adequate instructions and warnings regarding safe working practices
  3. 3 Allocation of burden of proof under the Manual Handling Operations Directive

Ratio Decidendi

There was a contradiction between the way the Council presented its case and the judge's findings, and the absence of Council evidence may be significant if the burden of proof is on them. This warrants granting permission to appeal.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal granted
  • Costs reserved