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25 March 2016 / David Branson
Issue: 7692 / Categories: Features , Health & safety
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End of a century (Pt 1)

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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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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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