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29 April 2016 / David Branson
Issue: 7696 / Categories: Features , Health & safety
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End of a century (Pt 2)

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In the second part of a two part series, David Branson reports on the end of a century old overlap between civil and criminal liability in health and safety

The first article in this series highlighted the end of the century old overlap between civil and criminal liability in health and safety following the implementation of s 69(3) of the Enterprise and Regulatory Reform Act 2013 (see “End of a century (Pt 1)”, NLJ, 25 March & 1 April 2016, p 10).

We should also note the impact of reg 21 of the Management of Health and Safety at Work Regulations 1999. This was introduced following the case of R v Nelson Group Services (Maintenance) Ltd [1999] IRLR 646, [1998] 4 All ER 331 where the employer was held not liable for the failings of his employees which had led to a breach of health and safety duties under the Gas Safety (Installation and Use) Regulations 1994 (SI 1994/1886). The employer had argued that the employees had failed to follow the training provided and so he was not liable for their

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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