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Amendment To Management Of Health & Safety At Work Regulations 1999

24 November 2003
The facts

Insurers will note that The Management of Health & Safety at Work and Fire Precautions (Workplace) (Amendment) Regulations 2003 (SI 2003 number 2457) have amended, significantly, The Management of Health & Safety at Work Regulations 1999. The amendment provides that an employer with henceforth civilly be liable for breach of statutory duty imposed by those Regulations although he will not be liable in respect of a breach as against a person not in his employment. This is a significant development as the 1999 Regulations include amongst other requirements a duty to carry out risk assessment, to provide training, to provide specific protection for younger employees and expectant mothers, to appoint a Health & Safety Representative, and to provide a procedure for danger areas and the procedures in the event of “serious imminent danger”.

The Regulations come into force as at 27th October 2003.

Focus on...

Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.

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Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.

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Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.

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Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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