Compensation Bill [HL]

moved Amendment No. 1:"Page 1, line 4, after ““negligence”” insert ““or breach of statutory duty””" The noble Baroness said: My Lords, in moving the amendment I shall speak also to Amendments Nos. 2 and 62. These amendments extend Clause 1 to breaches of statutory duty, but will apply only where those statutory duties give rise to civil liability, and where liability depends on the defendant having failed to meet a standard of care. They address concerns expressed in Grand Committee by the noble Lords, Lord Hunt of Wirral and Lord Goodhart, that if the clause applied only to claims of negligence it might create uncertainty about the approach to be taken in claims for breach of statutory duties to take reasonable care, such as those owed under the Occupiers Liability Acts of 1957 and 1984. As I indicated in Committee, extending the approach in Clause 1 to statutory duties across the board might change the law and cause confusion by raising the possibility of it being argued for in cases to which it might not be relevant. I also referred to the difficulties likely to be involved in creating a definitive closed list of statutory duties to which the clause would apply. It is almost inevitable that something could be missed. In addition, a closed list on the face of the Bill could not cover new statutory duties created after the Bill receives Royal Assent to which the approach in Clause 1 might be relevant. The amendments avoid such problems. They reflect the current law, and ensure that all relevant cases, but only relevant cases, are covered—those which involve consideration of a standard of care. It may be helpful if I give some examples. As well as cases arising under the two occupiers’ liability Acts, the amendment will be relevant, for example, to the duty of care owed by a landlord in respect of repair under section 4 of the Defective Premises Act 1972, and the duty of a highway authority to keep the highway in repair under the Highways Act 1980, for which there is no special defence in Section 58 that the authority took reasonable care to ensure that the highway was not in a dangerous condition. It will not extend to cases where there is an absolute statutory duty involving strict liability in the event of failure, for example the duty to build dwellings properly in Section 1 of the Defective Premises Act 1972. Nor will it extend to cases that concern what is reasonable in any context other than carelessness, such as the duty of a landlord, under the Landlord and Tenant Act 1988, to consent to a proposed transaction unless it is reasonable not to consent. Nor will it extend to cases where infringement of a right is actionable as a breach of statutory duty that does not depend on carelessness, such as the moral rights conferred upon an author or director under the Copyright, Designs and Patents Act 1988. The amendments ensure that only relevant statutory duties are caught; I am extremely grateful to noble Lords for raising this issue in Grand Committee. I believe I have fulfilled my obligation to your noble Lordships in bringing forward these amendments to address the concerns raised. I beg to move.