Swain v Denso Marston Ltd [2000] EWCA Civ 3021 (12 April 2000)

The employer breached its statutory duty by failing to carry out a suitable and sufficient assessment of the manual handling operation and by failing to provide general indications or precise information about the weight of the roller, as required by Regulation 4(1)(b) of the Manual Handling Operations Regulations 1992. The obligations under Regulation 4(1)(b) are not conjunctive in a manner that excuses compliance with one obligation due to breach of another.

Citation: [2000] EWCA Civ 3021
Parties: Appellant: Alan Swain; Respondent: Denso Marston Ltd
Jurisdiction: England and Wales
Judgment Date: 12 April 2000
Procedural Posture: Appeal / Court of Appeal Judgment
Outcome: Appeal allowed
Legal Topics: Manual Handling Operations, Employer's Statutory Duties, Workplace Injury Liability

Employment Law Health and Safety Law Manual Handling Operations Employer's Statutory Duties Workplace Injury Liability

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1

Parties

Alan Swain

Appellant

Denso Marston Ltd

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

1 Whether the employer breached statutory duties under the Manual Handling Operations Regulations 1992 by failing to assess and communicate the risk of manual handling operations.
2 Whether the employer's obligations under Regulation 4(1)(b) are conjunctive or independent.

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Judgment for the appellant for £2,040 with interest from the date of the accident.
Costs below as agreed and those of appeal to be remitted for detailed assessment.