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Lunchtime Lecture Enterprise & Regulatory Reform Act 2013 Myth or Legend?

Lunchtime Lecture Enterprise & Regulatory Reform Act 2013 Myth or Legend?. Martyn Gabbitass ACII ACILA Technical Director . 18 August 2015. Section 69 ERRA. Lofstedt Plus; or Future Changes. S. 47(2) Health and Safety at Work Etc Act 1974. Civil Right of Action S. 69 ERRA

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Lunchtime Lecture Enterprise & Regulatory Reform Act 2013 Myth or Legend?

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  1. Lunchtime Lecture Enterprise & Regulatory Reform Act 2013 Myth or Legend? Martyn Gabbitass ACII ACILA Technical Director 18 August 2015

  2. Section 69 ERRA • Lofstedt Plus; or • Future Changes

  3. S. 47(2) Health and Safety at Work Etc Act 1974 Civil Right of Action S. 69 ERRA •  Abolished civil liability for any breach of health and safety regulations •  Exception: Unless specifically provided for in the Regulations

  4. S. 69 Does not affect criminal liability HSE can rely on regulatory breaches Key: Was regulatory instrument engaged post 1974?

  5. What of: • Employer’s Liability (Defective Equipment) Act 1969? • Occupier’s Liability Act 1957

  6. ERRA applies post 1 October 2013 • Disease cases – can cross boundaries • Negligence ‘new’ criterion • Onus of proof – with claimant

  7. ERRA applies post 1 October 2013 • Risk Assessments • Now part of ‘common law’ • Failure to risk assess = negligence?

  8. ERRA applies post 1 October 2013 Exceptions • New or expectant mothers • Public sector workers / workers who are emanation of the state – two tier system?

  9. ERRA applies post 1 October 2013 Public / State workers • Can rely on EU directives • Three stage test • Employee public / state worker? • Directive clear, precise and unconditional? • UK failed to implement directive properly or at all? • EU directive ‘silent’ on Civil Liability

  10. ERRA applies post / October 2013 Practical Matters • Stark v Post Office (Redundant?) • Blair v Sussex Police (CA 2012) • Wilcock & others v Corus (CA 2013)

  11. Summary S. 69 here to stay •  Positives • Transfer of proof to claimant • Avoidance of ‘Stark’ type claims • No definitive case law •  Negatives • No definitive case law • Marginal Impact on claim notifications • Increased investigation process

  12. Questions Passion. Partnership. Progress.

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