The Impact Of ERRA On Private Injury Claims
Queries and Comments really should be addressed to This email address is becoming protected from spambots. While Professor Löfstedt had advisable a review” of the wellness and safety provisions (with the potential of restricting the quantity of scenarios in which strict liability was relevant), the Government opted to make the single blanket amendment to the HSWA 1974, stating that it achieved the exact same overall policy objective”. The outcome would likely have been different for Mader International if it had instead been prosecuted for breach of the Regulations.
This does not on the other hand seem to stand up to scrutiny provided the distinction among the frequent law test of ‘reasonableness’ as opposed to the statutory tests of ‘strict liability’ and ‘reasonable practicability’. The Court of Appeal acknowledged that in the past, exactly where there had been a breach of a statutory duty by the employer, courts had been willing … Read the rest >>>