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Reasonably practicable The phrase ‘reasonably practicable’ was used quite frequently in legislation which pre-dated the Health and Safety at Work Act 1974 and it was the subject of important judicial comment in the context of civil actions for breach of statutory duty. Most of the duties in the 1974 Act and in regulations created under that Act require the duty holder to do what is reasonably practicable. The pre-1974 case law continues to influence understanding of the phrase, even in its use in the general duties under the 1974 Act, although these duties do not create any rights and obligations in civil proceedings. What does the expression mean? In the two following cases, the courts set out to establish a formula to determine whether all that was reasonably practicable had been done by the defendant to discharge his duty. EDWARDS v NATIONAL COAL BOARD [1949] 1 KB 704 This was an action by the widow of a coal miner who was killed while underground by a fall of a considerable portion of the side of the roadway, along which he was walking. The Court of Appeal had to consider whether the defendants had discharged their obligations under the following sections of the Coal Mines Act 1911:
DOI link for Reasonably practicable The phrase ‘reasonably practicable’ was used quite frequently in legislation which pre-dated the Health and Safety at Work Act 1974 and it was the subject of important judicial comment in the context of civil actions for breach of statutory duty. Most of the duties in the 1974 Act and in regulations created under that Act require the duty holder to do what is reasonably practicable. The pre-1974 case law continues to influence understanding of the phrase, even in its use in the general duties under the 1974 Act, although these duties do not create any rights and obligations in civil proceedings. What does the expression mean? In the two following cases, the courts set out to establish a formula to determine whether all that was reasonably practicable had been done by the defendant to discharge his duty. EDWARDS v NATIONAL COAL BOARD [1949] 1 KB 704 This was an action by the widow of a coal miner who was killed while underground by a fall of a considerable portion of the side of the roadway, along which he was walking. The Court of Appeal had to consider whether the defendants had discharged their obligations under the following sections of the Coal Mines Act 1911:
Reasonably practicable The phrase ‘reasonably practicable’ was used quite frequently in legislation which pre-dated the Health and Safety at Work Act 1974 and it was the subject of important judicial comment in the context of civil actions for breach of statutory duty. Most of the duties in the 1974 Act and in regulations created under that Act require the duty holder to do what is reasonably practicable. The pre-1974 case law continues to influence understanding of the phrase, even in its use in the general duties under the 1974 Act, although these duties do not create any rights and obligations in civil proceedings. What does the expression mean? In the two following cases, the courts set out to establish a formula to determine whether all that was reasonably practicable had been done by the defendant to discharge his duty. EDWARDS v NATIONAL COAL BOARD [1949] 1 KB 704 This was an action by the widow of a coal miner who was killed while underground by a fall of a considerable portion of the side of the roadway, along which he was walking. The Court of Appeal had to consider whether the defendants had discharged their obligations under the following sections of the Coal Mines Act 1911:
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ABSTRACT
The phrase ‘reasonably practicable’ was used quite frequently in legislation which pre-dated the Health and Safety at Work Act 1974 and it was the subject of important judicial comment in the context of civil actions for breach of statutory duty. Most of the duties in the 1974 Act and in regulations created under that Act require the duty holder to do what is reasonably practicable. The pre-1974 case law continues to influence understanding of the phrase, even in its use in the general duties under the 1974 Act, although these duties do not create any rights and obligations in civil proceedings.