Tag Archives: ERRA
THE EMPLOYER’S DUTY: THE SUPREME COURT STATES THE IMPORTANCE OF RISK ASSESSMENTS
In Kennedy -v- Cordia Services LLP [2016] UKSC 6 the Supreme Court allowed the appellant’s appeal. The case related to Scottish law, however the principles are of general application. It raises interesting issues as to the relevance of “It follows that the employer’s duty is no longer confined to taking such precautions as are […]
BREACH OF STATUTORY DUTY AFTER THE ENTERPRISE AND REGULATORY REFORM ACT 2013 : A SCOTTISH DECISION: DALEKS ARE NOT THAT DANGEROUS AFTER ALL
The precise impact of the ERRA upon liability is still very much open to debate. Some guidance may be found in the Scottish case of Gilchrist -v- Asda Stores Ltd [2015] CSOH 17. A judgment of Lady Stacey where judgment was given on the 17th June 2015. THE CASE The pursuer (claimant to those in […]
ACCIDENTS AT WORK: THE TUC AND THE MYTH OF THE COMPENSATION CULTURE
The TUC’s ever helpful guide to health and safety is out for April and available here . The Bulletin covers numerous aspects of health and safety in the workplace. However one notable article relates to the “compensation myth”. This shows that 6 out of 7 people injured in the workplace do not obtain compensation. “TUC explodes the […]
KEOGHS DISCUSSION OF EFFECTS OF ERRA: ARE THE REGULATIONS STILL RELEVANT?
There is a client briefing by Keoghs on the effect of the ERRA at http://www.keoghs.co.uk/Liability-AWARE/Employers-liability-claims-and-the-ERR-Act One interesting aspect of the discussion is the statement that the Regulations cannot be relevant to the issue of negligence. Keoghs state: “Some commentators argue that breach of statutory duty can still be pleaded as evidence of negligence and the standards […]
ARTICLE ON EFFECT OF ERRA BY SIMON ALLEN IN LAW SOCIETY GAZETTE
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 […]
APIL TRAINING ON ACCIDENTS AFTER THE ERRA
Nigel Tomkins and Cenric Clement-Edwards are conducting a course on accidents at work after the ERRA. On the 3rd December in London. On the 17th December in Manchester. These are the only talks I know if which deal with this topic. The speakers are, without a doubt, two of the most authoritative […]
LOSING AN ARM AND A LEG: UNGUARDED MACHINERY AFTER THE ERRA
Much of the discussion about the impact of the ERRA has focused upon strict liability for defective work equipment. However the provisions of Regulation 11 of the Provision and Use of Work Equipment Regulations 1998 provided for strict liability when a claimant came into contact with dangerous part of machinery. How has this been affected […]
PERSONAL INJURY: LIABILITY AND DAMAGES 