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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
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An Act to abolish the defence of common employment, to amend the law relating to the measure of damages for personal injury or death, and for purposes connected therewith.
[30th June 1948]
(1)It shall not be a defence to an employer who is sued in respect of personal injuries caused by the negligence of a person employed by him, that that person was at the time the injuries were caused in common employment with the person injured.
(2)Accordingly the M1Employers’ Liability Act, 1880, shall cease to have effect, and is hereby repealed.
(3)Any provision contained in a contract of service or apprenticeship, or in an agreement collateral thereto, (including a contract or agreement entered into before the commencement of this Act) shall be void in so far as it would have the effect of excluding or limiting any liability of the employer in respect of personal injuries caused to the person employed or apprenticed by the negligence of persons in common employment with him.
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . F2
F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In an action for damages for personal injuries (including any such action arising out of a contract), there shall be disregarded, in determining the reasonableness of any expenses, the possibility of avoiding those expenses or part of them by taking advantage of facilities available under the [F3M1National Health Service Act 1977] or the [F4M2National Health Service (Scotland) Act 1978], or of any corresponding facilities in Northern Ireland.
F5(5) . . .
F1(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 2(1)(1A)(3)(6) repealed (6.10.1997) by 1997 c. 27, s. 33(1)(2), Sch. 3 para. 1, Sch. 4 (with ss. 1, 2, 28)); S.I. 1997/2085, art. 2(2)
F2S.2(2) repealed by Social Security Act 1989 (c.24), ss.22,31(2), Sch.4 para. 22(3), Sch.9
F3Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 8
F4Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 4
F5S. 2(5) repealed by Fatal Accidents Act 1959 (c. 65), Sch.
M11977 c. 49.
M21978 c. 29.
In this Act the expression “personal injury” includes any disease and any impairment of a person’s physical or mental condition, and the expression “injured” shall be construed accordingly.
This Act shall bind the Crown.
(1) . . . F1
(2)This Act, . . . . . . F2 shall not extend to Northern Ireland.
F1S. 5(1) repealed by Northern Ireland Constitution Act 1973 (c. 36), sch. 6 Pt. I
F2Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I
(1)This Act may be cited as the Law Reform (Personal Injuries) Act 1948.
(2)Section one and subsection (1) of section two of this Act shall apply only where the cause of action accrues on or after the day appointed for the M1National Insurance (Industrial Injuries) Act 1946, to take effect; but subsections (4) and (5) of the said section two shall apply whether the cause of action accrued or the action was commenced before or after the commencement of this Act.
Law Reform (Personal Injuries) Act 1948