Donaghey v Boulton & Paul Ltd

Subject Matter

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, reg 31 (1)

[1968] AC 1; [1967] 3 WLR 829

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)

[1968] AC 1; [1967] 3 WLR 829

BUILDING — Safety regulations — Subcontractor — Failure by subcontractor to comply with statutory requirements — Personal injuries to employee of subcontractor — Contractor's liability for breach of duty — Building (Safety, Health and Welfare) Regulations, 1948, reg 31 (1)

[1968] AC 1; [1967] 3 WLR 829

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

[1968] AC 1; [1967] 3 WLR 829

Appellate History

Donaghey v Boulton & Paul Ltd [1966] 1 WLR 1170: [1966] 2 All ER 822, CA

Decision of the Court of Appeal reversed

Donaghey v Boulton & Paul Ltd [1968] AC 1; [1967] 3 WLR 829; [1967] 2 All ER 1014; 2 KIR 787, HL(E)

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