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Civil way: 18 October 2013

18 October 2013
Issue: 7580 / Categories: Features , Civil way
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  • Workplace blow
  • It's the court fee that counts
  • New PI guidelines
  • Court counters closed for breakfast & tea

CLAIMS INJURED

Industrial relations will deteriorate once canteen parlance moves on to s 69 of the Enterprise and Regulatory Reform Act 2013. It was brought into force against the wishes of the House of Lords and, no doubt, most claimant practitioners on 1 October 2013 under the Act’s third commencement order (SI 2013/2227). So what’s so enterprising about s 69 then? Far from offering organic cream as an alternative to custard with the lunch pudding course, it amends the Health and Safety at Work etc Act 1974 by scrapping the right of action for breach of duty on the strength of failing to comply with a health and safety regulation unless the regulation specifically provides for such right. This will apply whether the regulation imposed strict liability or not. Criminal liability is unaffected. The repeal only catches causes of action which arose on or after the operative date.

The effect of this monumental shift is that the claimant will be required to prove common law negligence in order to

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MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

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