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#1 Posted : 22 June 2006 12:12:00(UTC)
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Posted By J Knight Hi Folks, Look at this http://www.nu-riskservic...06541518241372719_1.htm; what's interesting is that the deceased was not at work at the time, but on his way home, and the employer was not responsible for causing the accident that killed him. Though there does seem to be a fairly clear link between the fatality and the conditions he was working in, does this case represent an extension of liability and hence duty? John
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#2 Posted : 22 June 2006 13:07:00(UTC)
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Posted By Tabs Is it an extension? I haven't seen which offences they were convicted of, but I would have thought that s3(1) of the '74 Act could apply as it was argued that the work pattern had caused the accident.
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#3 Posted : 22 June 2006 21:03:00(UTC)
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Posted By DJ Can I recommend a review of the R v Achtar (judicial review of the HSE) case 2003, which I think puts this prosecution in context. Regards. DJ
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#4 Posted : 23 June 2006 09:18:00(UTC)
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Posted By J Knight Hi DJ, Tried to find this using Yahoo but no result, have you a URL for it? John
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