The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) rewrote section 47 of the Health and Safety at Work etc Act 1974 (HSWA 1974). In relation to accidents occurring at work from 1 October 2013, civil liability will no longer arise from a breach of statutory duty unless the relevant regulation provides for it. The Workplace (Health, Safety and Welfare) Regulations 1992 (W(HSW) Regs 1992), SI 1992/3004 do not provide for civil liability to arise from a breach. In the circumstances, claimant practitioners are left to rely on a breach of a workplace regulation as support for a claim in negligence.
The regulations are of greatest relevance and use to claimant practitioners where they set out a framework of steps or measures required of an employer to ensure safety. The most obvious example is in those provisions which set out a ‘hierarchy’ of measures, typically of the assessment of risk, followed by steps to be taken to minimise identified risks. They avail the claimant practitioner rather less where they set out an absolute or strict duties, particularly those not subject to reasonable practicability.
The first High Court guidance on the interpretation of ERRA 2013, s 69 was provided in the case of Cockerill v CXK Ltd which involved a claimant who was injured when they fell
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