Simon Allen’s article uses an example from a recent case to highlight the changes brought into play by the ERRA.
The article can be found here http://www.lawgazette.co.uk/law/legal-updates/reasonable-foreseeability/5038527.article
Simon concludes:
“The period of statutory protection provided to UK workers that began with the health and safety regulations in 1992, and ended with the ERRA, may in time be perceived to be akin to Nabokov’s brief crack of light between two eternities of darkness.”
The only difference I have with him is that the statutory protection started well before 1992. The doctrine of a claim for damages based on breach of statutory duty was established in 1898 in Groves -v- Lord Wimborne [1898] 2 QB 402. The ERRA takes us back to the 19th century.
PERSONAL INJURY: LIABILITY AND DAMAGES 