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Tuesday, 20 March 2012

Case Law - J. Armour v. J. Skeen (1977)

Case: Case Law - J. Armour v. J. Skeen (1977) Procurator Fiscal
Precedent: Personal liability of executives

A workman fell to his death while repairing a bridge over the River Clyde. The director of roads for the regional Council, Armour, was responsible for supervising the safety and health of his road workers but had failed to produce a written safety policy. Accordingly he was prosecuted under the Health and Safety at Work etc. Act 1974.

Case Law - British Railways Board v. Herrington (1972)

Case: British Railways Board v. Herrington (1972) House of Lords
Precedent: Occupiers' liability to trespassers

A six-yer-old child (Herrington), walked onto a rail track through a fence the Board had not maintained. The House of Lords held that the Board, as occupiers of the railway premises, owed a duty of care even to trespassers and this was extended in the Occupiers' Liability Act 1984.