0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Alsop v Sheffield City Council, Court of Appeal

11 March 2002
The issues

Wheelie Bins – Manual Handling Regulations – foreseeability.

The facts

The Claimant was a refuse collector employed by the City Council. On part of his round there was a section of road which was higher than the pavement and houses along the side. To gain access there were steps and a concrete ramp which was at a 30-degree angle. There was one part along the route where the pavement met the road at the same level. He slipped and fell and hurt his left elbow. He claimed that he had not been properly trained and that the City Council should have provided residents with sacks to carry up and down the steps rather than wheelie bins. The Claimant failed before the Judge and appealed.

The decision

1. Following Koonjul -v- Thames Link Healthcare NHS Trust, for there to be a risk for the purposes of Regulation 4 of The Manual Handling Regulations, the Court had to find that an injury was not just a possibility but really foreseeable.

2. There was no need to train the refuse collectors to take the wheelie bin to the point where the pavement met the road at the same level.

3. There had been no previous complaints or previous accidents.

4. Apart from advising employees to use common sense there was little more the City Council could have done.

Appeal dismissed.

focus on...

Legal updates

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).

View

Legal updates

Legal and regulatory monthly update - September 2019

The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.

View

Legal updates

Kuoni referred to the CJEU by Supreme Court for clarification - possible impact on breach of contract, vicarious liability and assumption of responsibility claims for sexual abuse and assault

We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.

View

Legal updates

The disappearance of LIBOR

Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up