Breach of statutory duty – change of law

Author: Gillian Birkby

If an employer causes personal injury after 1 October 2013 the injured person’s right to bring proceedings for breach of statutory duty (e.g. failure to comply with the Asbestos Regulations, CDM Regulations etc.) will no longer apply. This means that personal injury will no longer normally be a matter of strict liability (i.e. liability without fault). If an employer has been negligent or is in breach of a contract of employment, the injured person will still be able to bring proceedings against them.

This does not mean a relaxation in health and safety standards, but does protect an employer from liability where everything reasonably practicable has been done but there has still been personal injury.

Gillian Birkby, Partner, Fladgate LLP (

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