Koonjul v Thameslink Healthcare Services [2000] EWCA Civ 3020

Manual handling: Applying the threshold test

Jimmy Barber considers the importance of going ‘back to basics‘ when pursuing a manual handling claim ‘The “back-to-basics“ approach adopted by Hamblen LJ is a useful reminder of the lesson from Koonjul, that the first stage in any manual handling claim is always to consider whether there is a “real risk“ of injury.‘ In Stewart …

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Workplace Regulations: Closing the door on strict liability: a new ERRA of realism

Steven Conway explains the recent decision in Katie Cruz v Chief Constable of Lancashire [2016] and why it hopefully signals the dawn of a new age for workplace claims ‘The Court of Appeal rejected the argument that every time a cell door is left open it creates a material risk of injury, stating that the …

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Case Report: Ghaith v Indesit Company UK Ltd [2012] EWCA Civ 642

Liability; manual handling accidents ‘The reasoning of this case provides encouraging reading for claimants and their advisers and dispiriting reading for defendants and theirs.’ This case provides a telling illustration of the stringency of the Manual Handling (Operations) Regulations 1992 and the evidential difficulties that a defendant is likely to face rebutting liability under such …

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