Breach of statutory duty Definition

GLOSSARY

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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

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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 198 Practice Notes on Breach of statutory duty

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What are the risks of an organisation keeping an internal list of blacklisted companies and/or individuals with whom it does not wish to do business on the basis of information received from third parties or from its own research?

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