The Weekly Law Reports
[1967] 3 WLR 829
[HOUSE OF LORDS]
DONAGHEY APPELLANT AND BOULTON & PAUL LTD. RESPONDENTS
[ON APPEAL FROM DONAGHEY v. P. O'BRIEN & CO. AND OTHERS]
1967 May 1,
2,
3,
4;
June 20
June 20
VISCOUNT DILHORNE, LORD REID, LORD HODSON, LORD GUEST and LORD PEARSON.
Building
— Safety regulations
— “Edge of the roof”
— Asbestos roof in course of construction
— Removal of badly laid sheet
— Fall of workman through opening in roof
— Whether fall from edge
— Applicability of regulation
—
Building (Safety, Health and Welfare) Regulations, 1948 (S.I. 1948 No. 1145), reg. 31 (1).
Building
— Safety regulations
— Sub-contractor
— Failure by sub-contractor to comply with statutory requirements
— Personal injuries to employee of sub-contractor
— Contractor's liability for breach of duty
—
Building (Safety, Health and Welfare) Regulations, 1948, reg. 31 (1).
Building
— Safety regulations
— Roof of fragile materials
— Duty to provide crawling-boards
— Available on ground but not used on roof
— Breach of regulations
— Whether sub-contractors liable for breach
—
Building (Safety, Health and Welfare) Regulations, 1948, regs. 4, 31 (3).
Court of Appeal
— Argument not raised below
— Question of construction
— Application of safety regulation accepted
— Question dependent on construction and uncontroverted facts
— Whether regulation applicable.