Civil Litigation
Breach of Statutory Duty Barristers
Claims for individuals where a landlord, occupier, highway authority, producer or service provider has broken a duty that an Act of Parliament places on them.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
Not every breach of a statute gives you a right to sue. The courts ask whether Parliament intended the duty to protect a limited class of people and to give them a private claim for damages, or whether it is enforceable only by a regulator or through criminal penalties. Many statutes now say expressly whether a civil claim exists. The practical starting point is therefore not the breach itself, but whether the particular Act or regulation gives you, as an individual, a cause of action.
Several statutes do create clear rights for individuals. Landlords of most residential tenancies are under repairing obligations implied by section 11 of the Landlord and Tenant Act 1985, and a duty to keep the home fit for human habitation under section 9A. Section 1 of the Defective Premises Act 1972 requires those who build or convert dwellings to do the work in a workmanlike manner, with proper materials, so the home is fit for habitation, and the Building Safety Act 2022 extended the time limit for those claims significantly. Part 1 of the Consumer Protection Act 1987 makes producers strictly liable for damage caused by defective products. Highway authorities must maintain public roads and pavements under section 41 of the Highways Act 1980, subject to a defence under section 58 if they took reasonable care. The Occupiers' Liability Acts 1957 and 1984 set the duties owed to visitors and others on premises.
Some once-common claims have gone. For breaches of workplace health and safety regulations occurring on or after 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 removed the automatic civil right of action, so most new workplace injury claims must be framed in negligence, with the regulations used as evidence of the standard expected. Other duties carry their own short limits: a discrimination claim about goods, services or housing under the Equality Act 2010 generally has to be brought in the County Court within six months.
Because each statute has its own conditions, defences and time limits, early advice on the correct legal basis is essential. A Direct Access Barrister can identify the right statute and protocol, draft the claim and represent you, while you manage filing, service and correspondence.
What Breach of Statutory Duty Barristers Do
Identifying the Right Statute
Advice on whether you have a claim:
- Whether the Act gives an individual a right to damages
- Strict duties compared with duties of reasonable care
- Statutory defences, such as section 58 for highways
- The effect of the 2013 change for workplace regulations
- Whether to plead negligence in the alternative
- The specific time limit attached to each statute
Claims Individuals Commonly Bring
Statutory duties we often see:
- Housing disrepair and unfit rented homes
- Defects in a newly built or converted flat
- Injury or damage caused by a defective product
- Trips on badly maintained pavements
- Injuries on another person's premises
- Discrimination by a shop, service or landlord
Pleading the Duty
Your Barrister can draft:
- A letter of claim under the relevant protocol
- Particulars identifying the statute, section and breach
- Responses to a statutory defence
- Questions for a surveyor or engineer
- Applications for an order requiring repairs
- Skeleton arguments on whether a duty is actionable
You send the letters, issue the claim and serve the papers. Your Barrister drafts and explains each document.
Evidence You Gather
With Direct Access you:
- Record when you reported a defect and to whom
- Photograph disrepair, defects or the hazard
- Keep the product, packaging and receipt
- Measure and photograph a pavement defect promptly
- Collect medical records or repair invoices
- Allow access for any inspection or joint expert
How Direct Access Works
- 1
Which Duty Applies
Your Barrister identifies the statute and section relied on, whether it gives you a private right of action, and whether negligence or contract claims should run alongside it.
- 2
Choosing the Protocol
Different protocols apply depending on the claim, for example the Housing Conditions protocol for disrepair or the Personal Injury protocol for a fall on a pavement. Your Barrister tells you which applies and the response times.
- 3
Letter of Claim and Inspection
You send a letter of claim drafted by your Barrister. In disrepair and defective building cases, an inspection by a single joint or independent expert is often arranged at this stage.
- 4
Issuing the Claim
If the matter is not resolved, you issue the claim in the County Court. The particulars set out the statutory duty, the facts said to amount to breach and the loss caused.
- 5
Defences and Directions
The defendant may rely on a statutory defence, such as reasonable care by a highway authority or the development risks defence for products. The court then sets directions for evidence.
- 6
Hearing
Your Barrister presents the claim, addresses the court on the wording of the statute and how it applies, and argues for damages and, where available, an order requiring work to be done.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
What is the difference between breach of statutory duty and negligence?
Negligence is a common law claim requiring you to show the defendant failed to take reasonable care. A statutory duty claim relies on the words of a specific Act, and some duties are strict, so you need not prove carelessness. Others, like the highway duty, allow the defendant a defence of reasonable care. Both are often pleaded together.
Can I still sue my employer for breaching health and safety regulations?
For breaches on or after 1 October 2013, generally not as a stand-alone statutory claim, because the right was removed by the Enterprise and Regulatory Reform Act 2013. You can still claim in negligence, and the regulations remain relevant evidence of what a reasonable employer should have done. Older breaches may still be actionable under the previous rules, subject to limitation.
My rented home is in disrepair. What can I claim?
Where section 11 of the Landlord and Tenant Act 1985 or the fitness for habitation duty applies, you may claim damages for inconvenience and damaged belongings and ask the court to order repairs. Liability under section 11 usually depends on the landlord having notice of the defect, so evidence of when you reported it is important.
My new-build flat has serious defects. Is it too late?
Perhaps not. Claims under section 1 of the Defective Premises Act 1972 used to have a six-year limit from completion. The Building Safety Act 2022 extended this to fifteen years for claims arising after June 2022 and, in many cases, thirty years for older ones. The exact position depends on when the work was completed, so get advice quickly.
A faulty product injured me. Do I have to prove the maker was careless?
No. Under Part 1 of the Consumer Protection Act 1987, a producer is liable if the product was defective, meaning its safety was not what people are generally entitled to expect, and the defect caused the damage. Claims for damage to private property below a small threshold are excluded, and an absolute ten-year longstop runs from when the product was put into circulation.
I tripped on a broken pavement. Who is responsible?
Usually the highway authority, often the local council, under section 41 of the Highways Act 1980. The council can defend the claim by showing it had a reasonable system of inspection and repair. Not every uneven paving stone is actionable, so measurements and photographs taken soon after the fall are valuable.
Can a Barrister act for me directly on a statutory duty claim?
Yes. A Direct Access Barrister can advise, draft and represent you at hearings. You take the procedural steps, such as issuing and serving the claim. Where a case needs extensive expert coordination, your Barrister will say if a Solicitor would serve you better.
What will it cost?
Fixed fees, agreed up front. Advice starts from £250 and court representation from £850, with a clear quote before any work begins.
Has Someone Broken a Duty the Law Places on Them?
Find out whether the statute gives you a claim, which time limit applies and how to prove the breach.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.