The pursuer (claimant to these in E&W) was employed by the defendant as a shop assistant. It was held by the Court of Appeal that an action will lie in respect of private injury suffered by a workman employed in a factory through a breach by his employer, the occupier of the factory, of the duty to retain fencing for harmful machinery imposed on him by s.five(4) of the Factory and Workshop Act 1878. It also explains why the Government has introduced an amendment that goes beyond strict liability and would, as it stands, apply to civil situations involving breaches of statutory duty beneath workplace regulations. They held that this was a widespread law concept which had been incorrectly applied in this case and was inconsistent with the extent of the duty beneath PUWER.
Professor Löfstedt considered the influence that the perception of a compensation culture has had in driving more than-compliance with well being and security at function regulations. At initially instance, the judge ruled that the absolute duty beneath the 1980 Regulations did not give rise to a proper of civil action. In most instances, it does not take a fantastic stretch of the imagination to match a breach of one of the Regulations which have ‘gone missing’ from the private injury lawyer’s arsenal to one of these four duties. Claimant’s claims of negligence and breach of statutory duty upheld at trial, and damages awarded.
Before the passing of the Act, personnel could bring claims for compensation in … Read the rest >>>