ARTICLE 2
Other major UK legislative changes
Alistair Kinley
Head of Policy Development | Clyde & Co LLP
Martyn’s Law
This legislation will impose a positive duty on occupiers of premises (and organisers of events) accessible to 100 or more members of the public to assess the risk of terrorist attack and to take proportionate steps in mitigation. A statutory regulator (which could be an existing body such as the Health and Safety Executive) will be given powers to inspect, enforce and to impose fines for serious breaches.
It is very likely that the legislation will be closely modelled on proposals - the draft Terrorism (Protection of Premises) Bill - that the previous government had published in 2023 and which provided for two tiers of the new duty: a ‘standard tier’ in which duty holders will be required to put in place reasonably practicable measures, and an ‘enhanced tier’ (premises with capacities greater than 800) in which a more bespoke approach to counter terrorism planning is likely to be required.
Properly recording and retaining details of steps taken in response to the new duty will be key to businesses proving they have complied. It is expected that the details of this new regime will begin to emerge in 2025 and may well be subject to further consultation.
A statutory regulator (which could be an existing body such as the Health and Safety Executive) will be given powers to inspect, enforce and to impose fines for serious breaches.
Product Safety
This bill is expected to refresh the UK’s laws on product safety and consumer protection given that a great deal of relevant standards were derived from European law. The government has indicated that it will also provide a framework for scrutiny of new risks “such as the fire risk associated with e-bikes and lithium-ion batteries”. However, it is yet not clear whether this legislation might provide an over-arching scheme for regulating Artificial Intelligence generally and/or allow for the product liability regime in the Consumer Protection Act 1987 to be replace or updated. This latter aspect should already be on the government’s agenda, with the Law Commission recommending in 2022 that it “should review product liability law (including the Consumer Protection Act 1987) to take account of the challenges of emerging technologies.”
Litigation funding
This sector - in which investors provide capital to enable legal claims to be pursued in return for an interest in the proceeds - has expanded significantly in the UK in the last decade. The Ministry of Justice reports that “industry sources estimate the size for 2023 to be between £1.5bn to £4.5bn.” Litigation funding has been used to back mass consumer claims against financial institutions, car manufacturers, commercial truck suppliers, and in sports, pharmaceutical, and product liability claims. Legislation to deal with problems in enforcing litigation funding agreements which stemmed from a Supreme Court decision in 2023 had been anticipated. However, those proposals did not survive the election and the new government instead “will take a more comprehensive view of any legislation to address issues in the round” after a full review of the litigation funding sector has been completed by the Civil Justice Council in the second half of 2025. A consultation paper is expected soon as part of this review and businesses with experience of claims supported by commercial litigation funding should definitely seek to engage with it.