Att. Gen. v Thatcher Ltd. [1971] JJ 1957 (20 December 1971)

Att. Gen. v Thatcher Ltd. [1971] JJ 1957 (20 December 1971)

The court held that the statutory duty to take 'all practicable steps' requires a higher standard than 'all reasonably practicable steps', obliging employers to take all measures possible in light of current knowledge and invention, but not every conceivable step.

Citation
[1971] JJ 1957
Parties
Applicant: Attorney General; Respondent: Thatcher Ltd.
Jurisdiction
Jersey
Judgment Date
20 December 1971
Procedural Posture
Criminal / Judgment
Outcome
liability established
Legal Topics
Breach of Statutory Duty, Construction Safety, Interpretation of 'all Practicable Steps'
Employment Law Health and Safety Law Breach of Statutory Duty Construction Safety Interpretation of 'all Practicable Steps'

Case Brief

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Parties

Attorney General

Applicant

Thatcher Ltd.

Respondent

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Interpretation of the duty to take 'all practicable steps' under Construction (Safety Provisions) (Jersey) Regulations 1970, reg. 31(1)

Ratio Decidendi

The court held that the statutory duty to take 'all practicable steps' requires a higher standard than 'all reasonably practicable steps', obliging employers to take all measures possible in light of current knowledge and invention, but not every conceivable step.

Court Disposition

liability established