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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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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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