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Ricketts v Torbay Council, Court of Appeal, 27 March 2003

7 October 2005
The issues

Workplace (Health Safety & Welfare) Regulations 1992

The facts

The Claimant was an elderly member of the public who fell when making her way across a public car park. It was alleged against her inter alia that the Defendant was in breach of Regulation 5(1) of the Workplace Regulations. The Defendant argued inter alia that the Workplace Regulations did not apply to the Claimant who did not take the benefit of them. The matter was heard by the Recorder at first instance who held that the Regulations did not afford a right of action to a member of public lawfully visiting the premises. The Claimant appealed to the Court of Appeal.

The decision

The Regulations did not apply to members of the public as a whole. Looking at the Regulations as a whole it was clear that the use in them of the words “a person” or “any person” whether qualified or unqualified by the context, was a reference to workers employed by the employer or who were on his premises for the purpose of working. Leave to appeal dismissed.

Comments

For further information please contact Hamish McConachie on hcm@veitchpenny.co.uk

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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.

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