The Aftermath Of Brexit – Changes To Personal Injury Claims


The Law Of... making a personal injury claim post-Brexit

After Britain's vote to leave the European Union, Jonathan Thursby, Solicitor and specialist in Multi-Track PI, follows up on his previous article about how Brexit could affect personal injury claims with a fresh perspective on the Leave vote.

UK is no longer part of Europe

Sacrificing Regulations

As discussed in my previous article, the impact of the Enterprise and Regulatory Reform Act 2013 has meant that breaches of EU-inspired health and safety Regulations can no longer be relied upon directly to establish liability. The Regulations were brought into UK law in order to comply with EU Directives.

As it currently stands, breach of these Regulations is useful evidence that a defendant has breached their common law duty of care. However, given the parentage of these Regulations, the decision to part ways with the EU could lead to a further watering down of the applicability of these Regulations. Indeed, there is nothing to prevent the UK Government from repealing these Regulations altogether.

Effect Of A Pro-Brexit Government

Given the success of the Brexit campaign, there are calls for the new Conservative cabinet to be made up of a large proportion of 'Brexiters'.

This includes MPs who have been sceptical of EU health and safety legislation, such as Chris Grayling, who promised to "slay health and safety culture."

The government's 'Red Tape Challenge' is further proof of this, as its goal was to filter out what it saw as 'pointless regulations', including those concerning personal injury claims in relation to workplace accidents.

Jonathan comments:

"Brexit has now given the government a prime opportunity to remove any influence that the EU has had in this area."

"If the EU Regulations are to be completely stripped away, the government of this country might find themselves facing unpleasant backlash from the public, who have grown accustomed to the protection offered by these Regulations."

"They might also be subject to more serious questions about whether they are in fact capable of safeguarding workers' rights."

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