Breach of statutory duty Definition

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What does Breach of statutory duty mean?

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.

View the related checklists about Breach of statutory duty

Checklist—The Diffuse Mesothelioma Payments Scheme

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What transfers under TUPE, and who is liable—checklist

What transfers under TUPE, and who is liable—checklist This Checklist sets out the employment-related liabilities that arise on a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, or TUPE transfer, and whether they transfer from the transferor to the transferee. For further guidance on relevant transfers, see Practice Notes: TUPE—business transfers and TUPE—service provision changes. In relation to a dismissal, the position may vary depending on whether the sole or principal reason for dismissal is an economic, technical or organisational reason (ETO reason) entailing changes in the workforce. For further guidance on ETO reasons, see Practice Note: TUPE—protection against dismissal—Dismissal for an ETO reason. Whether liabilities pass to transferee, or remain with transferor Under TUPE 2006, liabilities pass to the transferee or remain with the transferor, as follows: Action or event Circumstances Who is liable Details Dismissals Pre-transfer dismissal by transferor Reason for the dismissal is not the transfer Transferor Dismissal not automatically unfair (ordinary principles apply)TUPE 2006, SI 2006/246,...

Breach of statutory duty and the overlap with the common law

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 ‘six pack’ regulations but also at those covering more specialist activities or sectors:‘Six pack’ regulations•Management of Health and Safety at Work Regulations 1999, SI 1999/3242 (as amended by Management of Health and Safety at Work (Amendment) Regulations 2006)•Workplace (Health, Safety and Welfare) Regulations 1992, SI 1992/3004•Provision and Use of Work Equipment Regulations 1998, SI 1998/2306•Personal 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...

Bringing a claim—private law claim for breach of statutory duty

What is a private law claim for breach of statutory duty?A private law claim for breach of statutory duty is a claim that:•the defendant was under a statutory duty to do something•that something was not done, and•the 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’s actions.However, many statutory duties do not give rise to a cause of action...

Discover our 197 Practice Notes on Breach of statutory duty

Letter to witness

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Settlement agreement (employment) (short form)

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Dive into our 105 Precedents related to Breach of statutory duty

Can a credit agreement be declared unenforceable as a result of irresponsible lending practices by the lender?

Can a credit agreement be declared unenforceable as a result of irresponsible lending practices by the lender? We refer you to the following Practice Notes: • Consumer credit agreements—pre-contract requirements • Responsible lending requirements—CONC 5 • FSMA 2000—private rights of action for breach of statutory duty • Consumer Redress Schemes The rules in chapters 4 and 5 of the Financial Conduct Authority (FCA)’s Consumer Credit Sourcebook (CONC 4 and 5) replaced the Office of Fair Trading (OFT)’s Irresponsible Lending Guidelines (ILG) that were in place before regulation of consumer credit became the responsibility of the FCA. You will note from Practice Note: FSMA 2000—private rights of action for breach of statutory duty that under section 138D of the Financial Services and Markets Act 2000 (FSMA 2000), a private person who has suffered a loss as a result of an FCA rule breach by an authorised person, has an actionable suit against that authorised person. The fact of the breach, as long as

What is the relevant case law on contributory negligence where a claimant has seriously injured his hand trying to remove an object from an unguarded roller machine? Does a HSE prosecution against the defendant for failure to provide a machine guard and a cut-off switch impact on an allegation of contributory negligence against the claimant?

What is the relevant case law on contributory negligence where a claimant has seriously injured his hand trying to remove an object from an unguarded roller machine? Does a HSE prosecution against the defendant for failure to provide a machine guard and a cut-off switch impact on an allegation of contributory negligence against the claimant? Before April 2013, all cases of this sort were covered by the ‘six-pack’ workplace regulations issued by the Secretary of State under section 47 of the Health and Safety at Work etc Act 1974 (HSWA 1974)—they were thus cases about breach of statutory duties, usually ones imposing strict liability. Since an assessment of contributory negligence involves consideration of causative potency and blameworthiness (the latter being more important; Stapley v Gypsum Mines), it follows that breaches of strict and clearly defined duties by an employer will almost always outweigh the contribution of the employee. This was the primary reason why, commenting on contributory negligence in such cases, Buxton LJ stated in...

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Environment weekly highlights—11 July 2024

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Supreme Court finds lower courts wrong to dismiss libel and data protection claim under Hunter and Jameel doctrines

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