Koonjul v Thameslink Healthcare Services [2000] EWCA Civ 3020 (28 March 2000)

Koonjul v Thameslink Healthcare Services [2000] EWCA Civ 3020 (28 March 2000)

No breach of Manual Handling Operations Regulations 1992 occurred because the risk of injury was very low, the claimant was experienced and trained, and the employer's obligations were fulfilled in context; appeal dismissed.

Citation
[2000] EWCA Civ 3020
Parties
Claimant/appellant: Keelatswanee Koonjul; Defendant/respondent: Thameslink Healthcare Services
Jurisdiction
England and Wales
Judgment Date
28 March 2000
Procedural Posture
Personal Injury Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Manual Handling Operations Regulations 1992, Employer's Duty of Care, Assessment of Risk, Contributory Negligence
Employment Law Health and Safety Personal Injury Manual Handling Operations Regulations 1992 Employer's Duty of Care Assessment of Risk Contributory Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Keelatswanee Koonjul

Claimant/appellant

Thameslink Healthcare Services

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether employer breached Manual Handling Operations Regulations 1992
  2. 2 Whether employer failed to assess risk of manual handling operation
  3. 3 Whether employer failed to reduce risk to lowest level reasonably practicable

Ratio Decidendi

No breach of Manual Handling Operations Regulations 1992 occurred because the risk of injury was very low, the claimant was experienced and trained, and the employer's obligations were fulfilled in context; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Detailed assessment of appellant's costs