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jericho  
#1 Posted : 09 July 2010 11:33:51(UTC)
Rank: Forum user
jericho

Folks, wondering if you can help me please. I have run out of Googlepower on this one. Does anyone remember a case where an inspector served an PN on an activity (something like a bungee jump or lifting op) where they considered that it was going to be unsafe. The notice was appealed on the grounds that the inspector was not competent to make that judgment as simply 'looking' dangerous was not sufficient and was restricting their trade, where a competent assessor (engineer) had designed and planned the activity and it was materially safe. I seem to remember that they ignored the notice (sounds naughty) but as they believed it to be served incorrectly they toughed it out. If you know of a similar overturning on the grounds of the competency of the inspector then I would appreciate that too. Thanks in anticipation Chris
martinw  
#2 Posted : 09 July 2010 11:58:41(UTC)
Rank: Super forum user
martinw

Chris hopefully this should help. http://www.bondpearce.com/Publications/638 Chilcott v. Thermal Transfer Ltd[2009] EWHC 2086 Admin if the link is not functioning cheers Martin
bwm  
#3 Posted : 09 July 2010 12:12:23(UTC)
Rank: Forum user
bwm

This is one where a notice was overturned - but not because of competency. The tribunals decision was successfully appealed but the notice was still overturned because of the way it was worded. Or something like that.....
peter gotch  
#4 Posted : 09 July 2010 13:44:47(UTC)
Rank: Super forum user
peter gotch

Chris I think I've got more Googlepower! http://en.wikipedia.org/wiki/Harris_v_Evans p
jericho  
#5 Posted : 09 July 2010 18:04:04(UTC)
Rank: Forum user
jericho

By Jove, Peter. I do believe you have. Bullseye. OK not quite how I remembered the case, but that's the monkey alright. You are a mighty Googler. I shall send you a merit badge. Thanks guys, the other was not quite the one I was after. Many thanks, case closed. Chris
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