Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Sanctions definition

What does Sanctions mean? Sanctions are the penalties or procedural consequences a court imposes in civil litigation when a party fails to comply with procedural rules, practice directions or court orders. Common sanctions include striking out or dismissing a claim or defence, debarring a party from relying on evidence or experts, costs orders (including indemnity or wasted costs), stays, unless orders with automatic strike-out on non-compliance, and, in serious cases, contempt remedies. In England and Wales, sanctions are imposed under the Civil Procedure Rules (for example CPR r.3.1, r.3.4, r.3.5, r.32.10 and r.3.14). A party may seek relief from sanctions under CPR r.3.9,...

Civil liability for workplace accidents after ERRA 2013 s 69: case tracker on breaches of health and safety regulations and negligence

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

Section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013), which amends section 47 of the Health and Safety at Work Act 1974 (HSWA 1974), brought a significant shift to claims arising from workplace accidents. For incidents on or after 1 October 2013, most claimants can no longer prove liability simply by pointing to a breach of workplace health and safety regulations, even though criminal penalties for breaches still apply. Compensation may now be pursued only where it is established that the employer was at fault or negligent. This case tracker should be read together with Practice Note: Section 69 of the Enterprise and Regulatory Reform Act 2013.

Case name and details

Jones v Persimmon Homes Ltd [2024] EWHC 2597 (KB), High Court, 14 October 2024.

The claimant relied on duties arising under the Work at Height Regulations 2005 and the Construction (Design and Management) Regulations 2015. The defendant accepted those duties were engaged, but argued that the regulations do not, by themselves, found civil liability (ERRA 2013, s 69). The court

Key s 69 Conclusions

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