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PI Brief Update

Farewell to Civil Actions for Breach of Stat. Duty: Revision To s.47 H&SW Act ’74 by #ERRAct In Force From 1st October - Jamie Clarke, Hardwicke

21/10/13. Philip Mead of Old Square suggested an interesting angle to post 1/10 claims: taking (of course) the starting point that negligence actions survive, i.e. breach of the duties at common law to provide safe place/systems of work etc remain actionable in damages, Philip argues that the standard of that duty is set by the regulations made under the H&SWAct which, of course, remain in force for the purposes of criminal enforcement. That’s my view, albeit that the “standard” at common law relates to the specific duties on the employer but subject to usual common law concepts of foreseeability, reasonableness etc. So, e.g., duty to provide a safe system of work embraces the PUWER duties in relation...

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

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Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.