Category: burden of proof

Regina v Chargot and Others

House of Lords

“In criminal proceedings against an employer after an accident ot work, it was sufficient for the prosecution to prove merely a risk of injury arising from a state of affairs at work, without identifying and proving specific breaches of duty by the employer. Once that was done, a prima facie case of breach was established. The onus then passed to the employer to make good the defence of reasonable practicability.”

The Times, 16th December 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication

R v Chargot (trading as Contract Services) and others [2008] UKHL 73; [2008] WLR (D) 379

“When criminal proceedings were brought against an employer under ss 2 and 3 of the Health and Safety at Work etc Act 1974 it was sufficient for the prosecution to prove merely a risk of injury arising from a state of affairs at work, and it was not necessary to identify, allege and prove specific breaches of duty by the employer. Once that was done a prima facie case of breach was established. The onus then passed to the employer to make good the defence of reasonable practicability.”

WLR Daily, 10th December 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.