Tag Archives: Legal liability

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 […]

IS THE ABOLITION OF BREACH OF STATUTORY DUTY IN THE ERRA LAWFUL: APIL HAVE LODGED A COMPLAINT WITH THE EUROPEAN COMMISSION

It is unlikely that many cases relating to “breach of statutory duty” have been considered  after the ERRA (largely) abolished the concept in October last year.  However the Association of Personal Injury Lawyers have lodged a complaint with the European Commission. Which has past the first hurdle and which is being considered by the European […]

INCREASED PENALTIES FOR HEALTH AND SAFETY BREACHES

The Health and Safety Executive have given notice that sentencing powers are being increased for health and safety violations and penalties will be increased.  More cases will be heard in the Magistrates’ Courts as a result of the review that took place on the 16th January.

DUTIES TO PREGNANT WOMEN AND NEW MOTHERS: THE SMALL ELEMENT OF CIVIL LIABILITY FOR BREACH OF STATUTORY DUTY THAT REMAINS.

  There is one, very small, element of civil liability for breach of statutory duty that remains.  Here we look at the action for breach of duties owed to pregnant women and breastfeeding mothers. The exceptions are limited but practitioners need to be aware of them.  I am grateful to Cenric Clement-Evans of New Law […]