0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

impact of strict liability changes remains unclear

7 October 2013

Section 69 of The Enterprise and Regulatory Reform Act 2013 (Health and Safety) has come into force for breaches which occur after the 1st October 2013. What does this mean? S.69 alters the duty of strict liability held under s.47(2) of the Heath and Safety at Work Act, where by a breach of health and safety at work will not be actionable in civil claims. Therefore, a claimant will now have to rely on the common law duties in order to bring a claim for breach of health and safety at work.

It does appear that there has been no risk impact assessment in relation to this matter nor have substantial regulations been introduced dealing with the introduction to this amendment.

Whilst the amendment will address the imbalance currently in favour of claimant’s, for instance where strict liability is imposed for unforeseen failure of work equipment, the overall impact on public authorities still remains unclear.

related opinions

Credit broking: know your permissions

To operate lawfully, firms that broker credit to consumers by way of business must be registered with and authorised and regulated by the Financial Conduct Authority (FCA).

View blog

Developments overlooking other land are not a nuisance

Developers received welcome confirmation from the Court of Appeal this month that ‘overlooking’ (providing a view into another’s property) does not constitute a nuisance or invasion of privacy.

View blog

Should heading the ball be banned in football?

A report by experts from the University of Glasgow looking at deaths caused by neurodegenerative disease in former professional footballers in Scotland.

View blog

EHRC harassment guidance

The Equality and Human Rights Commission has issued technical guidance this month on Sexual harassment and harassment at work.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up