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18 October 2013
Issue: 7580 / Categories: Features , Civil way
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Civil way: 18 October 2013

  • Workplace blow
  • It's the court fee that counts
  • New PI guidelines
  • Court counters closed for breakfast & tea

CLAIMS INJURED

Industrial relations will deteriorate once canteen parlance moves on to s 69 of the Enterprise and Regulatory Reform Act 2013. It was brought into force against the wishes of the House of Lords and, no doubt, most claimant practitioners on 1 October 2013 under the Act’s third commencement order (SI 2013/2227). So what’s so enterprising about s 69 then? Far from offering organic cream as an alternative to custard with the lunch pudding course, it amends the Health and Safety at Work etc Act 1974 by scrapping the right of action for breach of duty on the strength of failing to comply with a health and safety regulation unless the regulation specifically provides for such right. This will apply whether the regulation imposed strict liability or not. Criminal liability is unaffected. The repeal only catches causes of action which arose on or after the operative date.

The effect of this monumental shift is that the claimant will

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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