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End of a century (Pt 1)

25 March 2016 / David Branson
Issue: 7692 / Categories: Features , Health & safety
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In the first of a two-part series, David Branson reports on the end of a century old overlap between civil & criminal liability in health & safety

The implementation of s 69(3) of the Enterprise and Regulatory Reform Act 2013 now means that persons injured at work are no longer able to sue in respect of a breach of the employer’s statutory duties under health and safety regulations. As such, this has ended a century old overlap between civil and criminal liability in health and safety, whereby the same safety regulations provided for an action by both an injured party and the regulatory authorities.

There is now a clear split between civil and criminal liability in this area. Civil liability is effectively based on common law negligence, stemming from the principles laid down in the leading case of Wilsons and Clyde Coal v English [1938] AC 57, [1937] 3 All ER 628, and then developed in subsequent cases. There still remains a limited ability to claim under statutes such as the Occupiers Liability

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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