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November 2012

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LIABILITY - 08.11.2012

Proposed changes to the law on strict liability

Early days. The government has voted in favour of amending the Health & Safety at Work etc. Act 1974 to remove strict liability in cases where there’s been a breach of statutory duty. The amendment will remove the right for certain civil claims to be brought. In particular, it should stop awards of damages being made in cases where it’s been proven that the employer had done everything reasonably practicable to prevent an injury.

When? The plan is for the legislation to be reviewed next year, with the amendment likely to come in October 2013. We’ll keep you posted on the progress.

The government is looking to change the Health & Safety at Work etc. Act 1974 to remove strict liability. This should stop awards of damages being made when the employer has done what it can to prevent an injury. The changes should happen in October 2013.