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RyanB1992  
#1 Posted : 21 December 2017 14:42:35(UTC)
Rank: New forum user
RyanB1992

Hi All,

I am currently studying Nebosh Dip unit A.

With regards to a claim, what would determine whether the injuried person would sue under breach of statutory duty as opposed to negligence?

Thank you,

Ryan

A Kurdziel  
#2 Posted : 21 December 2017 16:23:07(UTC)
Rank: Super forum user
A Kurdziel

Well, in the old days you could sue for both (the double barrelled approach) but nowadays the ability to sue of breach of statutory duty in relation to Health and Safety regulations is to all practical purposes eliminated by Section 6 of the Enterprise and Regulatory Reform Act 2013. This law states in nutshell that you can only sue for breach of statutory duty if the regulations specifically say you can and, as most (all?) do not mention that right, you cannot.  

 PS You were never able to sue for breach of statutory duty in relation the Health and safety act; that was always specifically barred.

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