''ICI Ltd v Shatwell''

965 Year 965 ( CMLXV) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Arab–Byzantine War: Emperor Nikephoros II conquers the fortress cities of Tar ...

AC 656 is a

UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...

case concerning employer liability for accidents at work.

Facts

Two shot firing brothers were injured because they ‘could not be bothered’ to take the mandatory precautions.

Judgment

Lord Denning MR held that they were not entitled to compensation. The House of Lords had previously ruled in ''Smith v Baker & Sons''

891 Year 891 ( DCCCXCI) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Europe * February 21 – Guy III, duke of Spoleto, is crowned Holy Roman Emperor by Pope Ste ...

AC 325 that an employee did not implicitly consent to risk arising from a dangerous workplace, and as such the defence of ''

volenti non fit injuria ''Volenti non fit iniuria'' (or ''injuria'') (Latin: "to a willing person, injury is not done") is a common law doctrine which states that if someone willingly places themselves in a position where harm might result, knowing that some degree of h ...

'' (that an employer is not liable for injury that results from risk that the employee consents to) could not be relied upon in such a situation. However ICI was in full compliance with relevant safety regulations, having safety precautions in place and ensuring that their employees, including the experienced Shatwell, were aware of them. ICI was thus held not to be

vicariously liable Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, ''respondeat superior'', the responsibility of the superior for the acts of their subordinate or, in a broader sense, the resp ...

for compensation for injury resulting from Shatwell's active disregard of his employer's instructions and statutory regulations.

Notes

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References

* United Kingdom labour case law House of Lords cases 1965 in United Kingdom case law Lord Denning cases

Facts

Judgment

See also

Notes

References