The Law Reports (Appeal Cases)
[1965] AC 656
[HOUSE OF LORDS.]
IMPERIAL CHEMICAL INDUSTRIES LTD. APPELLANTS; AND SHATWELL RESPONDENT.
1964 May 5,
6,
7;
July 6.
July 6.
LORD REID, VISCOUNT RADCLIFFE, LORD HODSON, LORD PEARCE and LORD DONOVAN.
Causation
— Negligence
— Fellow workman, of
— Quarry
— Testing detonators
— Failure by two workmen of equal status in concert to obey safety instructions
— Whether fault of one cause of injury to other
— Whether causation a question of fact
— Breach of statutory duty
—
Mines and Quarries Act, 1954 (2 & 3 Eliz. 2, c. 70), s. 157
—
Quarries (Explosives) Regulations (S.I. 1959, No. 2259), reg. 27 (4).
Volenti non fit injuria
— Master and servant
— Breach of statutory duty
— Deliberate combination by two workmen to disobey order knowing risk involved
— Injury to one
— Action against employer based on vicarious liability for act of other worker
— Contravention of statutory prohibition
— Whether volenti principle a defence.
Mines
— Quarry
— Breach of statutory duty
— Explosives
— Testing detonators
— Failure of fellow workmen to comply with regulations
—
Mines and Quarries Act, 1954, s. 157
—
Quarries (Explosives) Regulations, reg. 27 (4).
Fact or Law
— Causation
— Judicial precedent
— How far binding.