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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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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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