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This case concerns a claim by Raymond Parr against his employer, Gravatom Engineering Systems Limited, in respect of a back injury sustained during the course of his employment.

On 24 July 2002, Mr Parr; a handyman/labourer, and some colleagues were involved in moving four very large machines from a delivery bay at Gravatom鈥檚 premises to positions inside Gravatom鈥檚 factory. Three of the machines were very heavy: one weighed 2,800 kilograms and the other two each weighed 3,100 kilograms. The fourth machine was not so heavy.

The machines were moved manually and Mr Parr鈥檚 case was that in the course of this operation he injured his back. He experienced severe symptoms later that day, did not return to work the following day and at the time of trial had not worked properly since then.

Mr Parr brought a claim both in negligence and for breach of statutory duty; the latter arising under Regulation 4 of the Manual Handling Operations Regulations 1992. The trial Judge in the Court below found that there had been a breach of Regulation 4(1)(a), 4(1)(b)(i) and 4(1)(b)(ii). These provisions read as follows:

鈥�4. - (1) Each employer shall 鈥�

(a) so far as is reasonably practicable, avoid the need for his employees to undertake any manual handling operations at work which involve a risk of their being injured; or

(b) where it is not reasonably practicable to avoid the need for his employees to undertake any manual handling operations at work which involve a risk of being injured 鈥�

(i) make a suitable and sufficient assessment of all such manual handling operations to be undertaken by them, having regard to the factors which are specified in column 1 of Schedule 1 to these Regulations and considering the questions which are specified in the corresponding entry in column 2 of that Schedule,

(ii) take appropriate steps to reduce the risk of injury to those employees arising out of their undertaking any such manual handling operations to the lowest level reasonably practicable.鈥�

In the event, the four machines had to be moved 50-70ft, with a 90 degree bend involved. They were unloaded onto three skates; one of which had a steering mechanism and was therefore placed under the front of the machine being moved, with the other two positioned beneath the back of the machine.

There were only three men involved in the movement of each machine. This being the case, and in light of the fact that Gravatom did not carry out a detailed risk assessment in keeping with the 1992 Regulations, led the trial judge to decide that Gravatrom was in breach of the 1992 Regulations, despite Gravatrom鈥檚 argument that it had carried out similar operations many times before. Gravatrom appealed.