header-logo header-logo

12 April 2013 / David Branson
Issue: 7555 / Categories: Features , Health & safety
printer mail-detail

Fault lines

istock_000001285627medium

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll