The Development of Employer’s Liability at Common Law

CPD 1 hour

PEAT Outcome - Relevant legal knowledge

OBJECTIVES

Over a decade on from s69 of the Enterprise and Regulatory Reform Act 2013 coming into force, Elaine Smith, Advocate, will consider the development of an employer’s liability at common law, including:

• The relationship between statutory regulations and the common law; and,
• The need, or otherwise, for expert evidence.”

PARTICIPANTS

This Zoom webinar is aimed at solicitors, trainee solicitors, HR professionals and particularly those practicing in personal injury, employment law, or regulatory law.

SPEAKER

The speaker is Elaine Smith, Advocate, Compass Chambers.

Elaine has a busy and varied practice covering reparation, regulatory crime (including health and safety prosecutions) and inquiries.

Elaine represents Pursuers and Defenders in a variety of personal injury cases stemming from road traffic accidents, accidents at work, occupier’s liability, and public liability claims. In addition, Elaine’s practice encompasses actions brought as a result of historic abuse, medical negligence and product liability.

Elaine has a particular interest in fatal accidents. As well as representing various parties in civil claims for damages arising from fatal accidents, Elaine is regularly instructed in fatal accident inquiries having experience of representing families and corporate bodies participating in the proceedings. Notably, Elaine was instructed as Crown Junior in the M9 fatal accident inquiry which examined Police Scotland’s failure to action a call which resulted in the death of an occupant of a car which had left the motorway.

Elaine also has experience of representing companies in health & safety prosecutions. Elaine was appointed as Standing Junior Counsel to the Scottish Government in 2024.