Sentences with phrase «practicability as»

Not exact matches

As the teaser claims, it should be agile, powerful and dynamic, but Mercedes compromised practicability for design, so the headroom and the boot space in the new Mercedes - Benz GLC Coupé will seriously be affected.

At the same time, the jury will also take into account aspects such as practicability with reference to installation and utilisation as well as architectural and design features for the devices» integration.

This will, to some extent at least, depend upon issues of practicability which are much better suited to resolution in the employment tribunal proceedings (currently sisted pending the resolution of this case) than in judicial review proceedings such as these.

In practice the judgment of the Lords reaffirms the status quo as propounded in R v Board of Trustees of the Science Museum [1993] 1 WLR 1171 and R v Associated Octel Co Ltd [1994] 4 All ER 1051, 1063a, where, in the latter case, the allegation was that there had been a contravention of s 3 (1), Lord Justice Stuart - Smith said: «If there is a risk of injury to the health and safety of the persons not employed by the employer, whether to the contractor's men or members of the public, and, a fortiori, if there is actual injury as a result of the conduct of that operation there is prima facie liability, subject to the defence of reasonable practicability.»

In R v HTM [2006] EWCA Crim 1156, [2007] 2 All ER 665 the Court of Appeal held that the concept of foreseeability was more relevant to a determination of the issue of reasonable practicability (as opposed to whether an employee had been exposed to a risk at all).

The references to reasonable practicability in HSWA 1974 ss 2, 3 and 40 can therefore be read as excluding any consideration of reasonable foreseeability.

Harvey makes the point at K [277] that, although grounds were given for distinguishing the earlier decision «one is left with a strong impression that the limitation of retrospective access to pay protection policies owes as much to pragmatic considerations of practicability in the implementation of equal pay as to any clear issue of principle».

Careful analysis of the combined effect of EA 2002 and the regulations therefore shows that it is not the case, as is sometimes believed, that because breach of contract claims are excluded from Sch 4 — and therefore a grievance is not a necessary precondition to a tribunal claim — an employee who brings an (unnecessary) grievance within three months and presents his breach of contract claim within six months will be out of time — subject to reasonable practicability.