Carcary - v - RVP Foods Ltd
| Claimant | Jeanette Carcary |
|---|---|
| Job title | Canteen Supervisor (SOC 2000: 9223) |
| Task description | Moving pots and pans, moving a freezer, moving an oil drum and scrubbing pans in a factory canteen, very similar to ordinary everyday household chores |
| Injury | Tennis elbow |
| Defendant(s) | RVP Foods Ltd (SIC 2007: C10) |
| Court(s) | Norwich County |
| Case No. | |
| Date | 3 Dec 2003 |
| Judge(s) | His Honour Judge Barham |
| For Claimant | |
| All Claimants | Jeanette Carcary |
| Solicitor | Ward Gethin |
| Counsel | |
| Non-Medical expert(s) | |
| Medical expert(s) | Dr Peter Merry (Rheumatology) |
| For Defendant | |
| Solicitor | Weightman Vizards (LE1 1FB) |
| Counsel | Mr Tom Panton |
| Non-Medical expert(s) | |
| Medical expert(s) | Mr James Campbell Semple (Hand Surgery) |
| Outcome | |
| Judgment for: | Defendant |
| Injury found: | Yes |
| Work related: | No |
| Breach of Statutory Duty: | No |
| Defendant negligent: | No |
| Damages | |
| General: | |
| Special: | |
| Other: | |
| TOTAL: | |
| Observations | |
| References | |
| References to and/or Interpretations of Regulations and HSE Guidance Documents | |
| It appears from a note of the Judgment that in finding that the MHO Regulations did not apply in this case, HH Judge Barham relied, in part, upon Lady Justice Hale's observation in Koonjul v Thameslink Healthcare Services, in the Judgment of the Court of Appeal in March 2000, that for regulation 4 of the MHO Regulations to apply "there must be a real risk, a foreseeable possibility of injury; certainly nothing approaching a probability". The full text of the Judgment in Koonjul v Thameslink Healthcare Services is available free of charge on BAILII at: http://www.bailii.org/ew/cases/EWCA/Civ/2000/3020.html V1.01 | |
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Epicondylitis | Lateral Epicondylitis | Light manual work | SOC Major Group 9 | SIC Major Classification C
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Last updated: 16/10/2009