The Health and Safety Commission had published a Discussion Document in 1994, entitled Rationalisation of Risk Assessment and other common provisions in health and safety legislation. The following extract is from this Discussion Document (DD 194 C350 7/94): : Now that Parliament has taken to stipulating expressly whether civil actions are available, judges appear to be reluctant to find, if the legislation is silent, that it was, nevertheless, Parliament’s intention to allow civil actions. The Court of Appeal had to consider this issue in the following case. [1995] 2 WLR 26

doi:10.4324/9781843140504-110

Chapter

The Health and Safety Commission had published a Discussion Document in 1994, entitled Rationalisation of Risk Assessment and other common provisions in health and safety legislation. The following extract is from this Discussion Document (DD 194 C350 7/94):

Chapter

ABSTRACT

The Health and Safety Commission had published a Discussion Document in 1994, entitled Rationalisation of Risk Assessment and other common provisions in health and safety legislation. The following extract is from this Discussion Document (DD 194 C350 7/94):

Civil liability

17 The Management Regulations as presently constituted cannot be used in civil action for breach of statutory duty. People who believe that they have suffered harm because of a breach of these Regulations must, in any civil action for damages, prove that the duty holder has been negligent.