R v Porter; [2008] WLR (D) 167
CA: Moses LJ, Openshaw J and Sir Richard Curtis: 19 May 2008
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There was no obligation upon an employer in the conduct of his undertaking to guard against those risks which were merely fanciful. The fact that risk was part of everyday life went to the issue whether an injured person had been exposed to real risk by the conduct of the operation in question. There was no objective standard which applied in every case but there would be important factors which would indicate one way or the other whether there was such a risk.