Workplace Regulations: Closing the door on strict liability: a new ERRA of realism

Keystone Law | Personal Injury Law Journal | September 2016 #148
Steven Conway explains the recent decision in Katie Cruz v Chief Constable of Lancashire [2016] and why it hopefully signals the dawn of a new age for workplace claims ‘The Court of Appeal rejected the argument that every time a cell door is left open it creates a material risk of injury, stating that the …

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Injury At Work: Fault in the wound

Peter Stewart | Personal Injury Law Journal | December 2015/January 2016 #141
Peter Stewart highlights the important distinction between statutory negligence and strict liability following section 69 of the Enterprise and Regulatory Reform Act 2013 ‘Section 69 considers that it is no longer “just” for employers to be liable in the absence of fault. Justice, however, is a double-edged sword.’Under s69(3) Enterprise and Regulatory Reform Act 2013, …

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Health And Safety At Work: Back to 1898

Deans Court Chambers (Chambers of Craig Sephton QC) | Personal Injury Law Journal | March 2015 #133
Tim Trotman outlines the effect of the Enterprise and Regulatory Reform Act 2013 on personal injury litigation ‘No diminution of a pre-existing national standard is permissible by the introduction of a national law intended to implement European health and safety directives.’ Where a breach occurred before 1 October 2013, regulations introduced under the Health and …

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Statutory Reform: Back to the future

Ropewalk Chambers | Personal Injury Law Journal | November 2013 #120
Jason Cox reports on s69 of the Enterprise and Regulatory Reform Act 2013 ‘So far as it is possible to ascertain the government’s thinking behind s69 of the Enterprise and Regulatory Reform Act 2013, it appears to be part of an attempt to dismantle the so-called “compensation culture’”. More than 20 years after the introduction …

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