The Government has published its anticipated timeframe for the coming into force of various provisions of the controversial Enterprise and Regulatory Reform Act 2013.
The timetable suggests that we will see the abolition of civil liability for a breach of Health & Safety legislation on 1 October 2013. Claims for work related accidents occurring after that date will now only succeed where there has been negligence on the part of the employer. Anecdotal evidence from my own filing cabinet suggests that I might have been able to defend as many as 50% of my clients’ workplace accident claims had the claimant been forced to rely purely on proving negligence.
I think it’s fair to say that the job of pursuing workplace accidents is about to get tougher and I would envisage some very interesting litigation in the next few years, as lawyers and the Courts wrestle with this change in the legal landscape.
On June 12, 2013