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English 9, Italian Spanish More languages. Portuguese French German He had to clean the tank with acetone and resin.
The acetone was in a bucket retreived from a refuse bin. While applying the acetone, the light bulb broke, and the acetone vapour exploded burning him.
Held: Whether a company was conducting an undertaking as against non-employees is always a question of the facts of the case. Having correctly ruled that it did not, the judge assumed that the matter was no longer in issue.
But there remained a question of fact which it was strictly speaking for the jury to decide. Despite the error it was difficult to see what evidence could have been brought to exonerate the company, and the proviso was applied.
Lord Chancellor, Lord Goff of Chieveley, Lord Jauncey of Tullichettle, Lord Mustill, Lord Hoffmann Times Nov,  UKHL 1,  ICR ,  4 All ER ,  1 WLR ,  Crim LR ,  IRLR House of Lords , Bailii Health and Safety at Work Act 1 3 1 England and Wales Citing: Doubted — RMC Roadstone Products Ltd v Jester QBD 8-Feb The employers engaged contractors to repair a building.
The employers were going to buy new asbestos sheets for the purpose but the contractors offered to remove some from an adjacent disused factory.
The employers obtained the permission of the. As a result, one of them accidentally started a fire in which eight employees died. Held: The employers were convicted under section.
Cited — Regina v Mara CA The court considered whether the cleaning of a factory constituted part of its undertaking.
Applied — Stirland v Director of Public Prosecutions HL The House considered what was the appropriate test for allowing a conviction to stand despite the finding of an irregularity in the trial.
Cited — Director of Public Prosecutions v Stonehouse HL The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida.
The final act alleged to constitute the offence occurred outside the jurisdiction of the English. Cited by: Cited — Evans Dorothy, Regina v CACD 6-Dec The defendant appealed her conviction for having breached a restraining order under the Act.
For two years, it was part of his job to mix asbestos flock with water in a bucket and then apply it to the plattens of a press in order to seal them to stop the steam escaping.
He was therefore mixing the asbestos as part of the process of manufacturing a product containing asbestos. Held: The Regulations were not limited in their application so as to exclude factory processes or products using raw asbestos.
The rules applied to any industrial process involving the manipulation of asbestos, and the claim succeeded.
The exemption for occasional use with only little exposure. Substantial exposure to asbestos dust created a known and foreseeable risk of injury.
He had developed extensive bilateral pleural plaques and asbestosis. Held: Lord Gill felt that it was possible to give the proviso a satisfactory meaning, notwithstanding his.
Cited by: Cited — McDonald v National Grid Electricity Transmission Plc SC Oct Contact visiting plants supported asbestos claim The deceased had worked as a lorry driver regularly collecting pulverized fuel ash from a power station.
On his visits he was at areas with asbestos dust. He came to die from mesothelioma. His widow now pursued his claim that the respondent had.
The appellant was employed by the first respondents as a steam cleaning operative. The yard was iced and despite attempts to grit the ice, he slipped and was injured.
His claim had been dismissed because he had not been engaged in operations at the time. Held: The task of moving the grit was itself a handling process.
Appeal allowed. Lord Justice Henry And Lord Justice Kay Times Feb,  EWCA Civ Bailii Manual Handling Operations Regulations 4 1 a , Workplace Health, Safety and Welfare Regulations 12 3 England and Wales Citing: Cited — Lonsdale v Howard and Hallam Ltd CA 8-Feb The claimant sought damages after his agency with the defendants was terminated.
The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise.
Because of the accident he was demoted and suffered loss of earnings. He claimed that loss of earnings in his action for damages.
The court found that the company should pay the damages. The company was itself predominantly responsible for the damage caused, and these losses flowed directly from the accident.
Gazette May, Times May,  EWCA Civ Bailii England and Wales. Exposure to dust and fumes. The claimant was employed as a dinner lady at a junior school.
Whilst supervising playtime, a child jumped on her, causing her injury. The council appealed a finding of negligence. The boy had been recognised as being in need of special management for his behaviour, and had behaved in a similar fashion before.
There were steps which could have been taken to reduce the risks, including the issue of earnings, training, and the employment of more staff. Held: Mere forseeability was insufficient to establish liability.
Each such case must turn on its own facts. In this case the finding was correct in law. Lord Justice Peter Gibson, Lord Justice Potter  EWCA Civ Bailii England and Wales Citing: Cited — Smith v Littlewoods Organisation Limited Chief Constable, Fife Constabulary, third party ; Maloco v Littlewoods Organisation Ltd HL The defendant acquired a semi derelict cinema with a view to later development of the site.
Held: The defendants were not liable in negligence. The intervention of a third. Collins J  EWHC Admin Bailii England and Wales.
The corporation appealed against a decision that it was liable to the plaintiffs representatives of 25, other plaintiffs for damages for Vibratory White Finger.
Simon Brown, Judge, Buxton LJJ  EWCA Civ ,  CLY Bailii Health and Safety at Work Act England and Wales. Beldam LJ, Bracewell LJ  EWCA Civ Bailii England and Wales.
The claimant was injured at work at a swimming pool. As he and other members of staff tidied away a wet inflatable slide, he slipped and fell, suffering serious injury.
That, it seems to me, was the hazard. I know that in this particular case the work had been done for many years and no accident had occurred; but of course that is usually the case.
However, it does seem to me that there was inevitably a potential risk if men and women were treading on a wet, slippery piece of plastic to pull it out of the water and beneath that plastic, but invisible to the naked eye at this point, there was the air hose.
In leaving it to individual workmen to take precautions against an obvious danger,. Foskett J  EWHC Admin Bailii Health and Safety at Work Act England and Wales.
The claimant suffered injury when unloading a lorry. Henry, Ward LJJ  EWCA Civ Bailii. Liability for vibration white finger damage was foreseeable from , but liability began in when precautions became available against the consequences and so the employer was able to protect his employees.
Times Dec,  EWCA Civ Bailii Cited by: Cited — Baker v Quantum Clothing Group Ltd and Others SC Apr The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the Regulations came into effect.
The claimant had worked in a factory between and , sustaining noise induced. Challenge to improvement notice. Ognall J  IRLR ,  EWHC Admin Bailii Health and Safety at Work Act 21 , Workplace Health, Safety and Welfare Regulations of England and Wales.
Lord Halsbury LC  UKHL 2,  AC Bailii England and Wales Citing: Cited — Yarmouth v France CA Aug The plaintiff was employed by the defendant to drive carts.
He objected that the horse had a vicious nature, but was obliged to drive it in any event. The horse kicked him. Held: For the purposes of the Act, the plaintiff was an employee,.
The condition was missed,. Simon LJ, Sweeney, Goss JJ  EWCA Crim ,  WLR D Bailii , WLRD Work at Height Regulations 4 1 England and Wales.
Gross LJ, Laing DBE, Phillips JJ  EWCA Crim Bailii England and Wales. The company appealed against a prohibition notice with regard to its operation of a zoo.
A keeper had been attacked by tigers while they were being fed. He had died. The company appealed the terms of the notices, saying that the Act had to allow for the idiosyncracies of the particular business.
The company sought particularly to establish social contact between keepers and their animals. The code of practice required keepers not to enter the enclosure.
Claim for damages for personal injury by teacher assaulted by a pupil. Dingemans J  EWHC QB Bailii England and Wales. The fact that a third party was put at risk by the negligence of an employee did not prevent the employer seeking to rely upon the statutory defence that he had taken all reasonable steps to avoid such risks.
Times Sep,  EWCA Crim ,  EWCA Crim Bailii , Bailii Health and Safety at Work Act 3 England and Wales. Like a tricycle, it has three wheels; a single front wheel and two rear wheels.
Over the rear wheels, a compartment in which the passengers may sit is suspended. The vehicle is an adaptation of a rickshaw replacing the individual running on the ground and pulling the vehicle with an individual using cycle technique to provide the power for propelling the vehicle.
Cited by: Appealed to — Regina v Cambridge City Council ex parte Simon Lane Admn 2-Jun The district judge had held that it was not a taxi service.
It was, under the Act a stage carriage and. In the absence of conclusive evidence establishing a cause of a condition, the judge was free to find that causation was not established and that the claim was lost.
There was no necessary obligation on an employer to have procedures which might create claims. Lord Goff of Chieveley, Lord Jauncey of Tullichettle Lord Slynn of Hadley, Lord Steyn, Lord Hope of Craighead Times Jun,  UKHL 25,  3 All ER ,  1 WLR Bailii Citing: Appeal from — Anne Margaret Pickford v ICI CA 2-Aug A failure to provide guidance to employee resulting in repetitive strain injury.
A prescribed disease PDA4 of RSI type was found. The issue was causation not forseeability. Times Mar Cited by: Appealed to — Anne Margaret Pickford v ICI CA 2-Aug A failure to provide guidance to employee resulting in repetitive strain injury.
Gazette Aug, Gazette Oct A soldier in the Artillery Regiment was serving in Saudi Arabia in the course of the Gulf war.
He was injured when he was part of a team managing a Howitzer, which was firing live rounds into Iraq, and he was standing in front of the gun when it was negligently fired by the gun commander.
The Ministry of Defence sought to have the application struck out as disclosing no cause of action. The judge held at first instance that there should be a trial.
Held: The Court struck out the claim by application of combat immunity principles. Even on the facts pleaded, the plaintiff did not have a cause of action in negligence against the defendant.
No duty of care can be owed by one soldier to another on the battlefield, nor can a safe system of work be required from any employer under such circumstances.
But the novelty of the question of law is not an absolute barrier. It is to be remembered that the resolution of a question of law at an early stage in proceedings may result in a very substantial saving of costs.
At first the men were there by agreement of the governments of Cyprus and the United Kingdom. Later they became part of a United.
The Japanese were advancing and the Government wished to deny them the resources. It was done on the day before the. Cited by: Cited — Matthews v Ministry of Defence HL Feb The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces.
He challenged the denial to him of a right of action by the Act. Held: Human rights law did not create civil rights, but rather voided.
Times Feb,  UKHL 4,  2 WLR , Gazette Apr,  1 AC , 14 BHRC ,  PIQR P24,  UKHRR ,  ACD 42,  ICR ,  1 All ER ,  HRLR 2 Cited — Bici and Bici v Ministry of Defence QBD 7-Apr Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car.
Held: The incidents occurred in the course of peace-keeping duties. It was. The parties requested a new inquisition after the coroner had rules that human rights law did not apply to servicemen serving outside Europe.
Reports had been prepared. The defendants said that he had been an independent contractor for whom they did not have responsibility. In one case the deaths were from detonations of improvised explosive devices, and on others as a result of friendly fire.
It was said that there had been a foreseeable. Scaffolding is an ordinary piece of equipment on a building site.
As a general rule an occupier of a building did not owe a duty of care for the safety of employees of its independent contractor.
However, there may be occasions when such a duty of care might arise. It would be an unwarranted extension of the nursemaid school of negligence to hold a main contractor liable to the employee of a sub-contractor for failing to verify his training in the use of scaffolding on a building site.
Such judgements are not always easy or clear, since building sites and scaffolding are inherently dangerous places.
Accordingly a main contractor was not liable in negligence nor under the Act where one contractor was injured as a result of using scaffolding erected by another sub-contractor.
Mantell LJ Times Jun, Gazette Jun,  EWCA Civ ,  BLR Bailii England and Wales Cited by: Cited — EH Humphries Norton Ltd. His employers having settled, obtained contribution orders from the main contractors and building owners who each now appealed.
Held: Whether main contractors were also liable to. The actor Roy Kinnear died on being thrown from a horse while making a film in Spain. His widow sought damages from the fim company who in turn sought to issue a third party notice against those involved in Spain.
Held: A third party claim with a sufficient nexus may bring a main claim with Brussels Convention. Phillips J Times Mar,  EWHC QB 1,  1 WLR ,  3 All ER 42,  ILPr Bailii.
A Health and Safety inspector, making negligently excessive requirements of operators of a bungee jump, was not liable since he operated under a statutory duty and had no duty of care to the operators.
His duty was owed to members of the public. They succeeded on appeal, but the business was by. The company had contracted to remove asbestos.
Before work was to start, the inspector found defective equipment. The prosecutor appealed the acquittal on appeal to the Crown Court. The duty to provide safe equipment applied even though it had not been used.
Times Aug, Gazette Jan,  ICR , SJLB 13,  IRLR ,  COD Health and Safety at Work Act 2 1 2 a. Employees of one company were injured whilst working cleaning the premises of another.
The issue was as to apportionment of the personal injury damages between the two companies. Held: There was an error of approach by the Recorder entitling the Court of Appeal to interfere with the apportionment.
Where employees of a company were working at a remote site, the employers retained the primary responsibility for ensuring that a safe place of work and method of work were provided, even when this extended to the condition of fittings at the remote premises.
In this case the employers had 75 per cent and the owners of the building 25 per cent responsibility. One party sought to appeal the apportionment of damages.
A failure to provide guidance to employee resulting in repetitive strain injury. Gazette Aug, Gazette Oct Citing: Appealed to — Pickford v Imperial Chemical Industries Plc HL Jun In the absence of conclusive evidence establishing a cause of a condition, the judge was free to find that causation was not established and that the claim was lost.
There was no necessary obligation on an employer to have procedures which might. Times Jun,  UKHL 25,  3 All ER ,  1 WLR Cited by: Appeal from — Pickford v Imperial Chemical Industries Plc HL Jun In the absence of conclusive evidence establishing a cause of a condition, the judge was free to find that causation was not established and that the claim was lost.
A regulation encompassed a requirement to take specified action, so far as it is reasonably practicable, in order to prevent danger.
He said that the defendant had not satisfied its statutory obligation to fence off the substation. It was a case claiming damages for personal injury in the form of hearing losses incurred at work.
Sedley LJ was Hon President of. Non-employers can owe a duty of care analogous to those owed by an employer particularly where the non-employer is engaged in operations which may affect the sub-contractor or his employee  1 All ER ,  1 WLR , Sol Jo 37 England and Wales Cited by: Cited — EH Humphries Norton Ltd.
The test is objective and impersonal. Is the part such in its character, and so circumstanced in its position, exposure, method of operation and the like, that in the ordinary course of human affairs danger may reasonably be anticipated from its use unfenced, not only to the prudent, alert and skilled operative intent on his task, but also to the careless or inattentive worker whose inadvertent or indolent conduct may expose him to risk of injury or death from the unguarded part?
He fell from a ladder which was not secured properly. He alleged a breach of the Regulations. The defendant denied any breach and asserted that the claimant had.
The employer now appealed a finding that it was responsible for a tort committed by a manager, saying. The defendant complained that section 40 imposed a burden of proof upon him which infringed the presumption of innocence and his right to a fair trial.
The trial judge held that the burden imposed a legal burden rather than an evidential one. Held: The Act could not be read down so as to impose only an evidential burden on the defendant.
The court applied the three stage test from Kebilene, asking what the prosecution had first to prove to transfer the burden, then what are the characteristics of what the defendant had to prove, and what was the threat to society addressed by the transfer of the burden.
Here, there was no threat of imprisonment, and enforcement would be impossible without such a transfer. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown.
A suggestion that the offence for. Times Nov, Gazette Nov,  UKHL 43,  2 AC ,  3 WLR ,  Crim LR ,  4 All ER ,  1 Cr App Rep , 11 Admin LR , 2 LGLR ,  HRLR 93,  UKHRR She had washed his overall each day, and had so been exposed to the lead oxide.
It was not foreseeable that the extent of exposure to a spouse would be so great as to create a risk. The exposure of the husband himself had been not such as to give rise to liability.
Gazette Apr,  ICR Control of Lead at Work Regulations No 8. A prison governor sent out a warder with two violent prisoners where it was policy not to bring such prisoners together.
The warder suffered injury as a result. There could be no breach of statutory duty where the governor exercised a discretion given to him as to how a statutory function was to be fulfilled.
Nevertheless he might be liable in negligence. Denning LJ  1 KB Cited by: Cited — Baker v Quantum Clothing Group Ltd and Others SC Apr The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the Regulations came into effect.
Hodson LJ  2 QB England and Wales Cited by: Cited — Baker v Quantum Clothing Group Ltd and Others SC Apr The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the Regulations came into effect.
A steel storage cabinet was held to be work equipment. He was injured by a door closer he was attempting to repair. The defendants denied that the mechanism was equipment within the Regulations.
Held: The appeal was allowed. The door closer was. Lord Justice General Normand JC 1 Cited by: Cited — Robb v Salamis M and I Ltd HL Dec The claimant was injured working for the defendants on a semi-submersible platform.
The deceased had worked as a lorry driver regularly collecting pulverized fuel ash from a power station. His widow now pursued his claim that the respondent had failed to comply with the Regulations.
To suggest that they import some intimate connection with the manufacture of a product introduces an unnecessary and unwarranted gloss on the subsection.
I would therefore hold that the lagging work which Mr McDonald encountered in the power station constituted a process for the purposes of section 47 and that the first condition necessary to show breach of subsection 1 of that section has been met.
For two years, it was part of his job to mix asbestos flock with water in a bucket and then apply it to the plattens of a press.
Times Mar,  EWCA Civ ,  ICR ,  PIQR P19 Appeal from — McDonald v Department for Communities and Local Government and Another CA 6-Nov The claimant was a lorry driver making collections from a power station.
On his visits, he visited areas where asbestos sludge was being used. He contracted mesothelioma, and now sought damages.
The defendants replied that he was not a worker at the. The Court of Appeal had held that the Regulations applied even though he was not emplyed by the appellant company.
Held: Affirmed. The power contained in section For the reason I have given with regard to section 4 1 I do not think that section 47 1 applies to the facts of.
He had worked two years at each of the sites erecting pipes, breaking into old pipes and. The protection. Unreported, 15 June Cited — Harrison v National Coal Board HL The plaintiff sought damages from his employer after suffering injury when a co-worker fired a shot in the colliery, acting in breach of the regulations.
Held: There was no vicarious liability duty in law on the managers to ensure compliance. Held: Legislation protecting safety in the workplace gives rise to an action by a person for whom the protection was intended for.
The presence of the silica, and its harmfulness, had not been known at the time. Held: The. Held: There is nothing new in construing legislation designed for the protection of workers as inapplicable to other visitors to the relevant premises.
He wanted to catch a pigeon sitting behind the revolving shaft of a machine. He climbed a vertical steel ladder to a platform where he knew he was not.
These lists may be incomplete. Leading Case Updated: 13 December ; Ref: scu. The deceased worked for the defendants on an oil rig.
The door closer was apparatus for use at work, though provided by a different company. The Regulations went beyond the scope of the Directive and did not limit liability to employers only, but did not specify the provider.
Indeed, that is just common sense — not only for oil platforms but for any factory or workplace where major repairs to equipment may have to be carried out.
The duty applied equally to both, and the liability which it creates is strict:. Not approved — Hammond v Commissioner of Police for Metropolis and others CA Jun The claimant mechanic was employed by the Commissioner of Police.
He was working on the wheel of a police dog van when the shearing of a wheel bolt caused him to suffer injury. An employer is liable for the defective equipment he provides.
What is equipment will. DACH Chat German. How do phone plans work in Germany? Anyone around Lorrach? It's whatever you want.
There are multiple options. I usually recommend blau , simyo , fonic , or congstar. Why can't you sign up for internet? Surely you could get something?
My guess is that you're going to find it difficult to formally learn dialectical German. It would probably be best to just continuing to learn Hochdeutsch as it is universally taught and you can pick up the regional differences as you go along.
You'll be fine. The biggest issue you'll find is that some people will be reluctant to use their English even though its really fine.
Of course Lörrach will not be a hot bed of English like other larger centers, but in a pinch I'd bet that most people will know enough to answer simple questions in English.
And almost anyone under 35 is conversant I find. Everyone is going to have a different response to that, but I find starting in German is best. A good way is to start and appologize for your poor German, the usual response is "no, your German is good!
Most conventions transfer over, but obviously use the Sie form if you're attempting German. Shaking hand is definitely the norm in Germany.
Others can answer about workplace norms as I've never worked in Germany. There's isn't an equivalent in Germany to Tim Hortons, unless you want to consider McCafe an attempt that that.
People generally get their coffee from their local cafe. Ordering a double double will get you no where. Here's a discussion of ordering coffee in German.
Opening a bank account requires two things: your passport and your completed Anmeldung form from the local Bürgeramt. You can probably find a bank that will explain it in English.
For transfers I would recommend XE Trade. It's what most expats use to move money around. I use it to tranfer money from my Canadian bank to my German.
Though you can't buy tickets for foreign trips it has an amazing time table Europe wide. There are other websites but it would depend on what you want to do.
Yes, transfers are easy. You won't be showing your ticket to anyone as you get on board unless it's a sleeper car.
The conductor will come through the train to check tickets after you've left. Most tickets are valid from your location to location within a time period I think a month from purchase , rather than a specific timed train.
So if you missed your train you can simply get on the next one. The exception here would be if you had seat reservations. You can always check the Bahn website, they list specials there.
Normally I'd recommend looking into a BahnCard but if you're only there for 4 months it probably wouldn't pay for itself. The other exception to the rail ticket is if you purchase a special price ticket that is only good for a specific train usually for deals on long trips.
Upvote for Congstar. I have the same subscription for 20 Euros and I'm very happy with it. One can choose to be able to cancel the contract monthly which is ideal when the phone in Germany is required for 4 months only.
If you miss your train it depends wether you reserved a specific seat in your train, which is possible btw. Otherwise you should be able to just board the next one.
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