Stark v Post Office [2000] EWCA Civ 64

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

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 …

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

This post is only available to members.

Injury At Work: Fault in the wound

P S

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, …

Continue reading "Injury At Work: Fault in the wound"

This post is only available to members.

Health And Safety At Work: Back to 1898

D C

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 …

Continue reading "Health And Safety At Work: Back to 1898"

This post is only available to members.

Statutory Reform: Back to the future

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 …

Continue reading "Statutory Reform: Back to the future"

This post is only available to members.