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29 April 2016 / David Branson
Issue: 7696 / Categories: Features , Health & safety
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End of a century (Pt 2)

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In the second part of a two part series, David Branson reports on the end of a century old overlap between civil and criminal liability in health and safety

The first article in this series highlighted the end of the century old overlap between civil and criminal liability in health and safety following the implementation of s 69(3) of the Enterprise and Regulatory Reform Act 2013 (see “End of a century (Pt 1)”, NLJ, 25 March & 1 April 2016, p 10).

We should also note the impact of reg 21 of the Management of Health and Safety at Work Regulations 1999. This was introduced following the case of R v Nelson Group Services (Maintenance) Ltd [1999] IRLR 646, [1998] 4 All ER 331 where the employer was held not liable for the failings of his employees which had led to a breach of health and safety duties under the Gas Safety (Installation and Use) Regulations 1994 (SI 1994/1886). The employer had argued that the employees had failed to follow the

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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