When does criminal liability lead to civil liability? That was the question the Supreme Court had to answer in the Scottish case of Campbell v Gordon [2016] UKSC 38 in the context of the Employers’ Liability (Compulsory Insurance) Act 1969. A literalist approach to the statute would leave Campbell unable to claim from his former employer for damages while a more purposive approach would allow the statute to be used to protect his rights in the civil courts.

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