Rank: New forum user
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Section 47 of The Health and Safety at Work Etc Act 1974 has been amended. It is now only possible for a civil claim to take place if the complainant can prove the employer has been negligent.
If a civil claim (Claim received this week) is dated prior to the amendment (01/11/2013) does the amendment still stand for this claim?
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Rank: Super forum user
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This was covered in detail here not so long ago. Transition arrangements do apply (the 3 year rule), but only in the context of a Court of Law. You may have "received" a claim, that doesn't necessarily make it in any way legally valid.
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Rank: Super forum user
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It is the date of the accident rather than the date of lodging the claim which is important. If the accident occurred before 1st October - claim is likely to be phrased as "negligence and / or breach of statutory duty".
Accidents occurring on or after 1st October - claims may only be taken as 'negligence'. (Although note I understand that 'breach of statutory duty will still be available for example for breach of the Occupiers Liability Act for example or for breach of some parts of the protections given to new and expectant mothers?)
Steve
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