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Employment law [2011] CSIH 65A

Strange v Wincanton Logistics Ltd

Strange v Wincanton Logistics Ltd [2011] ScotCS CSIH_65a (26 October 2011)

An employee’s appeal over a pallet-handling injury failed. The court held the employer had shown it was not reasonably practicable to avoid manual handling or add another worker.

  • Manual handling operations regulations 1992
  • Breach of statutory duty
  • Workplace injury
  • Reasonably practicable standard
  • Risk assessment
  • Damages for personal injury
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Civil procedure [2010] ScotCS CSOH_110

McGregor v. Alpha Airports Group Plc

McGregor v. Alpha Airports Group Plc [2010] ScotCS CSOH_110 (10 August 2010)

The Court of Session refused a late minute of amendment that would have turned a single-incident personal injury claim into a broader, time-barred case.

  • Amendment of pleadings
  • Time bar/limitation
  • Manual handling operations regulations 1992
  • Common law negligence
  • Party litigant procedure
  • Amendment-of-pleadings
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Employment law [2010] ScotSC 99

JOHN STRANGE v. WINCANTON LOGISTICS LIMITED

JOHN STRANGE v. WINCANTON LOGISTICS LIMITED [2010] ScotSC 99 (01 June 2010)

A sheriff held that manual pallet handling caused the pursuer’s back pain, but the defenders were not liable because the risk was negligible and their safety system was adequate.

  • Manual handling operations regulations 1992
  • Common law negligence
  • Workplace safety
  • Employer's duty of care
  • Manual-handling
  • Workplace-safety
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Civil procedure [2010] ScotCS CSOH_51

McGregor v Alpha Airports Group Plc

McGregor v Alpha Airports Group Plc [2010] ScotCS CSOH_51 (08 April 2010)

The court refused to award expenses for a discharged proof but ordered the pursuer to lodge £1,000 caution for expenses before further procedure.

  • Manual handling operations regulations 1992
  • Expenses (costs)
  • Caution for expenses
  • Limitation of actions
  • Access to justice
  • Caution-for-expenses
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Employment law [2006] ScotCS CSOH_149

Walsh v TNT UK Ltd

Walsh v TNT UK Ltd [2006] ScotCS CSOH_149 (22 September 2006)

Personal injury claim by a delivery driver succeeded after the court found the employer breached manual handling safety duties by failing to provide refresher training.

  • Manual handling operations regulations 1992
  • Employer's duty of care
  • Workplace safety
  • Training obligations
  • Manual-handling
  • Employer-liability
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Employment law [2006] ScotSC 58

Jaffray v. Grampian Test And Certification Ltd

Jaffray v. Grampian Test And Certification Ltd [2006] ScotSC 58 (23 June 2006)

The sheriff held the employer liable after a worker was injured while making a Flemish Eye, finding the manual handling regulations applied and were breached.

  • Employer's duty of care
  • Manual handling operations regulations 1992
  • Risk assessment
  • Workplace injury
  • Contributory negligence
  • Employment-law
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Employment law [2006] ScotCS CSOH_5

Hughes v. Grampian Country Food Group Ltd

Hughes v. Grampian Country Food Group Ltd [2006] ScotCS CSOH_5 (18 January 2006)

Personal injury claim over alleged breach of the Manual Handling Operations Regulations 1992 failed because trussing chicken carcasses was not manual handling.

  • Manual handling operations regulations 1992
  • Carpal tunnel syndrome
  • Workplace injury
  • Statutory duty
  • Causation
  • Damages
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Employment law [2005] ScotCS CSOH_66

Berry v. McCowans Ltd

Berry v. McCowans Ltd [2005] ScotCS CSOH_66 (18 May 2005)

The Outer House dismissed a factory worker’s personal injury claim, finding she failed to prove an on-the-job accident or that any shoulder injury was caused by manual handling at work.

  • Manual handling
  • Workplace safety
  • Employer's duty of care
  • Causation of injury
  • Manual handling operations regulations 1992
  • Personal-injury
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Personal injury [2004] ScotCS 68

McFarlane v. Ferguson Shipbuilders

McFarlane v. Ferguson Shipbuilders [2004] ScotCS 68 (16 March 2004)

A shipyard employee failed to prove that grinder use caused or worsened his tennis elbow, or that the employer breached common law or health and safety duties.

  • Employer's liability
  • Manual handling operations regulations 1992
  • Provision and use of work equipment regulations 1998
  • Common law negligence
  • Causation
  • Quantum of damages
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Employment law [2002] ScotCS 351

Taylor v. City of Glasgow Council

Taylor v. City of Glasgow Council [2002] ScotCS 351 (30 April 2002)

The Inner House held that a pursuer injured while moving a cupboard pled a relevant case under the Manual Handling Regulations 1992, and allowed a proof before answer.

  • Manual handling operations regulations 1992
  • Employer's duty to avoid manual handling risks
  • Foreseeability of risk
  • Interpretation of health and safety regulations
  • Burden of proof in statutory duties
  • Manual-handling-regulations
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