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01 August 2010
This is the first Court of Appeal judgment on the “Height” Regulations. It reinforces the primary point of the Regulations that work at height should be avoided , not just safely organised. It is also a good example of how to argue any claim where the Defendant has to make out a defence of reasonable practicability.
This case is about the extent to which an authority has a duty to road users to make the environment around the road safe through the Road Traffic Act 1988.
The claimant was a 13-year-old paperboy employed by the Co-op. He was cycling very slowly down the driveway from a house on his way to cross the road to the other side.
The Claimant was being driven by his manager in a van along a works road to Tilbury Port.