Appendix 1: Cases by theme
There are several case studies mentioned in the book.This part of the website will provide short summaries of each case. Some case studies have their own page, some are grouped by theme. This list is in theme order, but I’ve also developed one in date order.
Let me know which you prefer (or whether a different order, like chapter first mentioned of alphabetical by defendant, would be better for you).
Burden of proof includes:
- Aster Heathcare Ltd (AH Ltd at appeal) and Mr SJ (2021)
- R v Chargot (2008)
- R v Davies (2002)
Duty of care includes:
- Donoghue v Stevenson (1932). The definitive ‘ginger beer’ case which set the rules for who we are responsible to for health and safety
- Caparo Industries v Dickman (1990). Nothing to do with safety, but a lot to do with duty of care.
- Copoc, Alcock and others v. Wright (1991). A case against the Chief Constable of the South Yorkshire Police which rules that families who had watched the Hillsborough disaster unfold on TV, knowing their loved ones were in the crowd, could not claim for the distress caused.
- Walker v Northumberland County Council (1994). How the duty of care requires different actions for different employees.
Natural hazards includes:
- Peter Alastair Struthers-Wright V. Nevis Range Development Company plc (2006) – civil case
- Bowen & others v The National Trust (2011) – civil case
- Joanna Parker v The National Trust (2021) – civil case
- R v BUPA (2023)
Jail terms includes:
- R v Hawkeswood Metal Recycling and Ensco 10101 (2023)
- R v Greenfeeds Ltd (2022)
- R v Decopak (2023)
Heritage properties:
This is an area of interest rather than expertise, but I plan to research some more case studies for this section. For now, just this one:
- R v Warwick Castle (2012)
Cases involving one or more contractors
- A case against Imperial Machine Company (2023) and other defendents illustrates that latent hazards can sit in a system for years before causing actual harm – and that sometimes, the manufacturer does pay.
- Optilight Electrical and Expert Tooling & Automation (2024) shows how anyone who could affect the safety of contractors needs to be involved.
A couple of older cases I still refer to when training:
Safe systems of work
These cases are referred to in Chapter 14 of the book, and illustrate the problem of assuming people will know what is safe to do.
- General Cleaning Contractors v Christmas (1953)
- Drummond v British Building Cleaners Ltd (1954)
- Durnan Barnes v Stockton-On-Tees Borough Council (1997)
This is also the ‘common sense’ problem (which might not be what you think it is) described in C is for Common Sense.
Poor use of risk assessments
The case against Stagecoach Devon Ltd (2022) demonstates the dangers of applying a generic risk assessment without tailoring it to individual circumstances.
Larkins Logistics & Bison Manufacturing (2013) demonstrates the importance of communicating controls once determined, and checking they are being followed.
Biffa Waste Services Ltd (2025) shows that “doing” a risk assessment is not enough. If controls are not monitored, and then adapted or enforced if they aren’t working, the results can be tragic and expensive. The earlier Rainbow Waste Management case mentioned in Chapter 17 was covered in IOSH Magazine.
The supermarket slip case referred to in Chapter 17 #box172 was prosecuted by Dacorum Borough Council, and the case was covered by the BBC and IOSH Magazine.
Multiple prosecutions relate to organisations failing to take action even when they are monitoring. In these vibration cases, organisations had health surveillance in place, but even when symptoms of HAVS indicated their controls were ineffecctive, they took inadequate action.
Some miscellaneous cases
R v Porter 2008 a case which tests our understanding of significance.
The R v Morrisons 2024 appeal, which tried to use Porter to argue that steps are not a work hazard. But sometimes, they are.
Wallace v Glasgow 2010 a civil case which illustrates how prescriptive regulations can trump foreseeability.
R v Pizza Express 2015 illustrates how dangerous manual handling can be – and how one’s perception of danger is influenced by cases you know well.
You can use the Contact form to send me feedback. If you’d like to receive an email when I add or update a chapter, please subscribe to my ‘book club’
Alternatively, go back to the book contents page
Appendix 1: Case studies by year
Appendix 2: Answers to questons posed in each chapter
Appendix 3: Lost HSE references