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12 April 2013 / David Branson
Issue: 7555 / Categories: Features , Health & safety
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Fault lines

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David Branson examines the increasingly divergent approach to legal liability in health & safety at work cases

The law relating to health and safety at work involves a complex interrelationship between civil law and criminal law. The general liability in civil law derives from the common law tort of negligence, with the duty of care developed from the seminal case of Wilson & Clyde Coal v English [1938] AC 57. This provides the basis for the criminal liability under s 2 of the Health and Safety at Work Act 1974 (HSWA 1974). The key difference here is that the civil liability is limited by the concept of “reasonable foreseeability” in defining the nature of the duty of care; while in criminal law the duty of care is qualified by the term “reasonably practicable”. In effect, the difference is that “reasonably practicable” involves an element of cost being taken into consideration as against the risk involved, while “reasonably foreseeable” does not.

In addition to the general liability, there is also a more specific liability under

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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