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

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  Abolished civil liability for any breach of health and safety regulations  Exception: Unless specifically provided for in the Regulations

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

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

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

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

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

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

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

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

Passion. Partnership. Progress. Questions