Employers’ liability insurance: effect of illegality

Under the Employers Liability (Compulsory Insurance) Act 1969 the vast majority of employers are required to hold liability insurance in respect of claims by employees. By comparison with the compulsory insurance regime for motor insurance, the employment scheme is decidedly weak. The decision of Master Davison in Komives v Hick Lane Bedding Ltd [2020] EWHC 3288 (QB) highlights at least one of its major defects.

Komives : the facts