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A new ERRA of realism in workplace claims

Steven Conway examines the recent decision in Cruz v Chief Constable of Lancashire, which represents the end for strict liability and the start of a new age for workplace claims

4 July 2016

With the passing of section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA), limitation will soon expire for most pre-Act cases, removing strict liability for breach of statutory duty.

In Cruz v Chief Constable of Lancashire Police and another [2016] EWCA Civ 402, the Court of Appeal has taken what must be one of the last opportunities to examine the strict liability provisions of regulation 5 of the Workplace (Health, Safety and Welfare) Regulations 1992, rejecting an attempt to extend the concept of a workplace being 'maintained in an efficient state' and providing a reminder that there must be foreseeability of risk of injury for liability to be imposed.

Foreseeable risk

The claimant was employed as a civil detention officer at Burnley Police Station, and on the night of 17 July 2010 she was escorting an intoxicated detained person to a cell, as...

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