The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
This Practice Note sets out with a very brief summary the key health and safety regulations that currently apply in England and Wales. These regulations are relevant to claims arising pre 1 October 2013 in that they may give rise to civil liability; and for claims arising post 1 October 2013 a breach may give rise to negligence.
NOTE: The following health and safety regulations, which were made under the Health and Safety at Work etc Act 1974 to implement EU Directives, will continue in force as retained EU law after the Brexit transition/implementation period by virtue of section 2 of the European Union (Withdrawal) Act 2018.
On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) came into force. For workplace accidents occurring from that date, civil liability no longer arises from a breach of health and safety statutory duty unless the relevant regulation provides for it. Practitioners now have to prove the common law of negligence. While it will no longer be appropriate to base a claim on the breach of a regulation, claimant practitioners are able to still refer extensively to the relevant statutory provisions (or at least recite what they say) as setting out the standards of care expected. Indeed, in many cases the regulations can be referred to (in statements
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What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
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Background to the Single RulebookHistorically, the European Commission (Commission) favours using Directives (rather than Regulations) to set out its legislation in respect of the financial services sector. However, Directives, allowing Member States greater flexibility in how they implement
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