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Looking for a case on overturning a prohibition notice
Rank: Forum user
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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
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Rank: Super forum user
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Rank: Forum user
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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.....
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Rank: Super forum user
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Rank: Forum user
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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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Looking for a case on overturning a prohibition notice
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