Breach Of Statutory Duty After The Enterprise And Regulatory Reform Act 2013
The tort of ‘breach of statutory duty’ (BSD) operates at the intersection of private and public law by delivering a civil remedy for these whose injuries had been sustained as a consequence of a statutory breach. The case of Groves v Lord Wimborne (1898) established that there could be combined civil actions for prevalent law negligence and for breach of statutory duty. At present, civil liability in employer’s liability claims is nearly exclusively determined by reference to breach of statutory regulations. They will also be able to take into account wider cultural problems inside the organisation, such as attitudes or practices that tolerated overall health and security breaches.
In addition, we are most likely to see considerable debate more than the extent to which the typical law duties on employers have themselves been shaped, amended or even designed by the ongoing statutory wellness and safety framework. Nonetheless, for private injury … Read the rest >>>