Back Injury in UK Law

Leading Cases
  • D v East Berkshire Community NHS Trust and Another
    • House of Lords
    • 21 Apr 2005

    A doctor is obliged to act in the best interests of his patient. The best interests of a child and his parent normally march hand-in-hand. But when considering whether something does not feel 'quite right', a doctor must be able to act single-mindedly in the interests of the child. He ought not to have at the back of his mind an awareness that if his doubts about intentional injury or sexual abuse prove unfounded he may be exposed to claims by a distressed parent.

  • Bailey v Rolls Royce (1971) Ltd
    • Court of Appeal (Civil Division)
    • 02 Feb 1984

    The second part requires one, as I think, to ask the question: Was the load so heavy as to be likely to cause injury to the particular person concerned? The reference to "him" at the end of the sub-section in my judgment clearly directs attention to the particular employee that one is considering at any particular time. In my opinion, one has to approach the construction of this sub-section, and the meaning of its provisions, giving the words used their ordinary and natural English meaning.

    This construction of the phrase is, I think, one which not only accords with the natural meaning of the words according to ordinary English usage, but also with what may be presumed to have been the intention of Parliament. The very fact that, if our construction is right, liability under the sub-section may arise without any fault at all on the part of the employer, seems to me a good reason for not giving the word "likely" a meaning wider than that which it fairly bears.

  • English v Emery Reimbold & Strick Ltd
    • Court of Appeal (Civil Division)
    • 30 Apr 2002

    It follows that, if the appellate process is to work satisfactorily, the judgment must enable the appellate court to understand why the Judge reached his decision. This does not mean that every factor which weighed with the Judge in his appraisal of the evidence has to be identified and explained. But the issues the resolution of which were vital to the Judge's conclusion should be identified and the manner in which he resolved them explained.

  • White and Others v Chief Constable of South Yorkshire Police and Others
    • House of Lords
    • 03 Dec 1998

    It is true that there is no contract between police officers and a chief constable. But it would be artificial to rest a judgment on this point: the relationship between the police officers and the chief constable is closely analogous to a contract of employment. The rules to be applied when an employee brings an action against his employer for harm suffered at his workplace are the rules of tort.

  • Bourhill v Young
    • House of Lords
    • 05 Aug 1942

    The duty to take care is the duty to avoid doing or omitting to do anything the doing or omitting to do which may have as its reasonable and probable consequence injury to others and the duty is owed to those to whom injury may reasonably and probably be anticipated if the duty is not observed.

  • Alcock and Others v Chief Constable of South Yorkshire Police
    • House of Lords
    • 28 Nov 1991

    Beyond this, however, the law in general provides no remedy, however severe the consequences of the distress or grief may be to the health or well-being of the third party and however close his relationship to the victim.

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Legislation
  • The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011
    • UK Non-devolved
    • January 01, 2011
    ...... “additional multiple injury lump sum” means a benefit previously awarded under article 15B 9 of the ... or partly) by travel from home to place of work or during travel back again. . (2) This paragraph applies where the travel referred to in ......
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • January 01, 2015
    ...... . . "3A An offence under section 28 of that Act (causing bodily injury by explosives). . . 3B An offence under section 29 of that Act (using ... been released, the Secretary of State must refer the person's case back to a recall adjudicator no later than the review date. . . (1A) In the ......
  • Constables Protection Act 1750
    • UK Non-devolved
    • January 01, 1750
    ...... hath or claimeth to have against such Justice of the Peace; on the Back of which Notice shall be indorsed the Name of such Attorney or Agent, ..., shall in open Court certify on the Back of the Record, that the Injury for which such Action was brought, was wilfully and maliciously committed, ......
  • Consumer Rights Act 2015
    • England & Wales
    • January 01, 2015
    ...... paid money under the contract, the consumer is entitled to receive back the same amount of money. . (11) To the extent that the consumer ... consumer notice exclude or restrict liability for death or personal injury resulting from negligence. . (2) Where a term of a consumer contract, ......
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Books & Journal Articles
  • To hull and back: the Court of Appeal has decided that tribunals can award compensation for injury to feelings where an employee has suffered from the manner of an unfair dismissal.
    • Nbr. 2004, June 2004
    • Financial Management (UK)
    • Nickson, Sue
    • Legal
    ...Unfair dismissal compensation under the Employment Rights Act 1996 should be "such amount as the tribunal considers just and equitable in all the circumstances having regard to the loss sustained by the complainant in consequence of the dismissal". T......
  • Musculoskeletal Injuries in the Workplace: Perceptions of Swedish Police
    • Nbr. 14-4, December 2012
    • International Journal of Police Science and Management
    Swedish police officers experience an increased incidence of musculoskeletal injury, but little is known of the underlying cause. This paper explores police officers' own perceptions of the most co...
    ...... print{@page {margin:0;}.d{display:none;}}.pf{position:relative;background...; accepted 12 August 2012 Keywords: focus group, musculoskeletal injury, police, workplace injury Nerrolyn Ramstrand is an associate professor in ......
  • High Court
    • Nbr. 63-1, February 1999
    • Journal of Criminal Law, The
    ...... print{@page {margin:0;}.d{display:none;}}.pf{position:relative;background... defined in s 79(7) as meaning 'injurious, or likely to cause injury, to health'. In R v Bristol City Council, ex p Everett [1998] 3 All ER ......
  • A New Health and Safety Service for Industry
    • Nbr. 82-3/4, March 1982
    • Industrial Management & Data Systems
    • 14-15
    Management has both a moral and a legal duty to ensure the health and safety of all its employees and others present in the company's premises. These commitments should not be regarded purely as ye...
    ...... health, organic and inorganic analysis and ventilation technology backed by an informa-tion service. Good health and safety policies sensibly ... can be expected to handle without undue risk of incurring a back injury. But after a decade of research and industrial ex-perience a research team ......
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Law Firm Commentaries
  • Back Up Continuing To Support People With Spinal Injury
    • Mondaq UK
  • Fraudulent insurance claims and private prosecutions
    • LexBlog United Kingdom
    The insurer AXA in the UK successfully brought a private prosecution for a fraudulent claim. The insured alleged that he had damaged his back in the course of his employment and claimed £100 000 ag...
    ......The insured alleged that he had damaged his back in the course of his employment and claimed £100 000 against his . Medical records showed that the back injury pre-existed the date of the alleged injury and evidence suggested that the ......
  • UK sends Salmonella-contaminated chicken back to Brazil
    • LexBlog United Kingdom
    The United Kingdom has returned multiple containers of chicken to Brazil during a period of more than a year because of Salmonella. Tereza Cristina, Brazilian Minister of Agriculture, Livestock and...
  • Health And Safety Fines Bulletin 1 October 2014
    • Mondaq United Kingdom
    ...... Rolls Royce fined for loss of radioactive source. Injury:. Workers exposed to high levels of gamma radiation. Fine:. ... Company prosecuted after worker suffers back injury in fork lift fall. Injury:. Fractured a vertebra in back. ......
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