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Employers' Liability Insurance: More Risk of Personal Liability for Directors in Scotland - Will McIntosh & Fiona Beal, Brodies LLP

22/05/14. Following a recent Scottish court decision, there is now a distinction between Scotland and England as to when a director may be personally liable for his company's failure to have proper employers' liability insurance in place.

Readers will be well aware of the Employers' Liability (Compulsory Insurance) Act 1969 ("1969 Act"). The 1969 Act applies to employers in Great Britain. Employers commit an offence if they do not have in place insurance for bodily injuries and disease suffered by employees arising out of and in the course of their employment.

An apprentice joiner was injured as a result of an accident at work involving an electrically powered...

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