Employer's liability after the Enterprise and Regulatory Reform Act 2013—the latest

Table of contents

• How have the courts interpreted the effect of ERRA 2013?
• Previous discussions of ERRA 2013
• Chadwick v RH Ovenden Ltd & Hamilton
• The importance of foreseeability
• Conclusion

Article summary

PI & Clinical Negligence analysis: The passing of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) was anticipated to have a profound impact on the way in which employer’s liability claims were litigated. The effect of ERRA 2013, s 69 was to remove civil liability for breaches of the variety of health and safety regulations which imposed strict liability on employers to employees injured in accidents at work. Since the passing of ERRA 2013, however, there has been debate as to what the actual effect of ERRA 2013, s 69 was on accidents occurring after 1 October 2013. Gareth McAloon of Ropewalk Chambers analyses the latest developments.