"I would say that the amount of time I take to draft a good, comprehensive submission has been cut down by at least 60 to 70%. Having all these sources, commentary and journals at my fingertips is brilliant."
ParrisWhittaker
Access all documents on Breach of statutory duty
The tort of breach of statutory duty arises where a statute, which has as its main objective the imposition of a regulatory or criminal law framework, also gives rise to duties in tort.
A claimant may also succeed in a civil action for damages where the defendant is in breach of a duty imposed by a statute which was not primarily intended to create liability in tort. This is of particular concern to commercial entities, as there is a large body of regulatory measures regarding the protection of health, safety and the environment which may give rise to a claim.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business鈥揳ll whilst saving time and reducing risk.
For our full legal glossary and more legal research sources, register for a free Lexis+ trial
Glossary鈥擫atin legal terms Despite attempts in recent years to simplify the language used in legal cases, there are still a number of Latin phrases commonly used in personal injury claims. The following Latin phrases are listed in alphabetical order: Latin term Definition Meaning Acta聽iure聽imperii Legal acts of public nature Liability of the state for actions or omissions in the exercise of state authority Bona Fide In good faith A Bona Fide agreement is one entered into without intent to deceive Caveat Take care/caution A legal notice to the court to prevent another party taking action without informing the person who gave the notice Compos Mentis Of sound mind Legally fit to conduct the claim De Facto In fact As a matter of fact Ex Gratia As a matter of favour An ex gratia payment is made without any legal or contractual obligation to do so Ex Parte By a party An ex parte application is made to the court by one party in the absence or without...
贰虫辫别谤迟蝉鈥攃丑别肠办濒颈蝉迟 Experts duties and obligations Stage Checkpoint Practical points CPR /PD or Guidance applicable Caselaw if relevant Prior to instruction Is a report needed? 鈥 will it assist the court? 鈥 does expert have the necessary knowledge and expertise? 鈥 reliable body of evidence to underpin the report? 鈥 is expert aware of their duties to the court, their need to keep to deadlines and provide costs budgeting information? 鈥 is expert still in active practice? 鈥 do they respond promptly to emails? 鈥擥uidance for the instruction of experts in civil claims鈥擟ivil Justice Council Guidance See Kennedy v Cordia Services [2016] UKSC 6鈥 will the skilled evidence assist the court in the task ahead? 鈥 does witness have necessary knowledge and expertise? 鈥 is witness impartial in assessment of evidence? 鈥 is there a reliable body of opinion underpinning their opinion? Is funding body aware of need for instruction and likely cost? Is it a legally aided matter? 鈥 expert to give assessment...
Discover our 3 Checklists on Breach of statutory duty
On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) re-wrote section 47 of the Health and Safety at Work etc Act 1974 (HSWA 1974). This fundamental shift in the law was restricted to the range of regulations covering the workplace, work equipment and work practices. In relation to accidents occurring at work from 1 October 2013, civil liability will no longer arise from a breach of statutory duty unless the relevant regulation provides for it. It was directed not only at the main 鈥榮ix pack鈥 regulations but also at those covering more specialist activities or sectors:鈥楽ix pack鈥 regulations鈥anagement of Health and Safety at Work Regulations 1999, SI 1999/3242 (as amended by Management of Health and Safety at Work (Amendment) Regulations 2006)鈥orkplace (Health, Safety and Welfare) Regulations 1992, SI 1992/3004鈥rovision and Use of Work Equipment Regulations 1998, SI 1998/2306鈥ersonal Protective Equipment at Work Regulations 1992, SI 1992/2966 (there have been further PPE regulations introduced in 2002 and 2018 but they are not relevant since...
What is a private law claim for breach of statutory duty?A private law claim for breach of statutory duty is a claim that:鈥he defendant was under a statutory duty to do something鈥hat something was not done, and鈥he breach of duty resulted in damage to the claimantA claim for breach of statutory duty, if it gives rise to a cause of action in private law, will be possible against any entity that is subject to that duty, whether a public authority or a private body. One example of a statutory provision which gives rise to a private law action is section 41 of the Highways Act 1980 (HiA 1980) which allows users of the highway to sue for a failure to maintain the highway.In addition, where a public authority acts in breach of a statutory duty, an individual who has been adversely affected may be entitled to bring a public law claim seeking judicial review of the authority鈥檚 actions.However, many statutory duties do not give rise to a cause of action...
Discover our 111 Practice Notes on Breach of statutory duty
Claim against an employer on behalf of an employee who was attacked at work by a patient IN THE COUNTY COURT AT [INSERT][OR] IN THE HIGH COURT CLAIM NO: Between [XX]聽聽聽聽聽聽聽聽Claimant and [YY]聽聽聽聽聽聽聽聽Defendant _____________________________________________________ PARTICULARS OF CLAIM ______________________________________________________ 1 At all material times the Claimant was employed by the Defendant as Healthcare Assistant. 2 On or about [insert date] the Claimant was working at the [insert details] Ward at the Defendant鈥檚 hospital which catered for service users with mental health issues. 3 The Claimant commenced his shift at [insert time] and was allocated to work for a particular service user (鈥淸ZZ]鈥) providing constant observation. 4 During the course of his shift the Claimant asked [ZZ] if he wished to have something to eat or drink whereupon [ZZ] punched the Claimant in the face. As a result of the said attack the Claimant suffered personal injury, loss and damage. 5 The Claimant鈥檚 injury loss and damage were caused or contributed to by the negligence of the...
Licence to use photographs This Agreement is made on [insert date] (the Commencement Date) between the following parties (each a party and together the parties): Parties 1 [insert licensor name] a company incorporated in [England and Wales] whose registered number is [insert company number] and whose registered office is at [insert registered office] (the 鈥楲icensor鈥); and 2 [insert licensee name] a company incorporated in [England and Wales] whose registered number is [insert company number] and whose registered office is at [insert registered office] (the 鈥楲icensee鈥). Background (A) Licensor is the proprietor of the Photographic Works. (B) Licensor wishes to license the Photographic Works to Licensee and Licensee wishes to receive the same on the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 Definitions In this Agreement: Affiliate 鈥 means any entity that directly or indirectly controls, is controlled by or is under common control with, another entity; Control 鈥 means that a person owns directly or indirectly more than 50% of...
Dive into our 40 Precedents related to Breach of statutory duty
Is there any authority on whether the probation service can be sued for failing to safeguard a child at risk, by notifying the local authority, where the parent has a known history of violence and, on the parent being released from prison, this has resulted in a serious injury to the child? This Q&A considers the circumstances in which a public authority can be held accountable for an omission. In particular, it considers a scenario where the Probation Service failed to notify the local authority that an offender with a history of violence had been released from prison, and the offender thereafter caused personal injury to his child. We are not aware of any specific case law relating to the National Probation Service. However, refer you to the below information for general guidance. The key duties of the National Probation Service are to protect the public and reduce re-offending. The Criminal Justice and Court Services Act 2000 and the Criminal Justice Act 2003 enshrine these principles...
Can an individual bring a claim against their employer under the Health and Safety at Work etc Act 1974? We direct you to Employer's liability鈥攐verview and in particular, the following Practice Notes: 鈥 The employer's duty of care 鈥 Section 69 of the Enterprise and Regulatory Reform Act 2013 鈥 The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims (if the potential claim is under 拢25,000) Depending on the type of injury/accident, we also recommend guidance under the breach of statutory duty heading within the above subtopic, eg: 鈥 Accidents caused by the workplace environment 鈥 Accidents caused by work equipment 鈥 Accidents caused by the provision of personal protective equipment We have also set out some specific guidance below: Health and Safety at Work etc Act 1974 As laid out in section 1(a) of the Health and Safety at Work etc Act 1974 (HSWA 1974), HSWA 1974 is for the purpose of 鈥榮ecuring the health, safety and welfare of persons...
See the 37 Q&As about Breach of statutory duty
Local Government analysis: This wide-ranging Court of Appeal decision arises from a judicial review challenge brought by the parents of a child with severe disabilities, who required 24-hour care. The Court of Appeal, on behalf of whom Lady Justice Whipple gave the lead judgment, made findings on a range of issues, including: non-disclosure; unjust enrichment; breach of statutory duty; and admission of fresh evidence on appeal. However, the issue of whether the parents of the appellant could recoup costs incurred on behalf of A, from a respondent in judicial review proceedings, when the parents were not the appellant, was left unanswered. Written by Hannah Lynch, barrister at Parklane Plowden Chambers.
This week's edition of Local Government weekly highlights includes expert analysis of Unipart Group Ltd v Supply Chain Coordination Ltd on the logistics of lifting the automatic suspension in procurement cases plus case reports including on A Local Authority v LB (acting by her Guardian), in which the court considered whether to grant a deprivation of liberty order for 15-year-old child under LA care; R (B) v North Central London ICB, in which the court made findings on the issues of non-disclosure, unjust enrichment, breach of statutory duty and admission of fresh evidence on appeal; and Ross v SSHCLG, in which the court dismissed a claim against the Inspector鈥檚 decision to allow the proposed development. News coverage includes the MHCLG policy paper summarising feedback on interim plans for local government re-organisation and DfE guidance on strategic school procurement. It also includes further updates on Public procurement, Governance, Education, Social care, Social housing and Environmental law and climate change.
Read the latest 21 News articles on Breach of statutory duty
**Trials are provided to all 桔子视频 content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these 桔子视频 services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
0330 161 1234