Recent fatal attacks at a mosque and synagogue during religious festivals, are a stark reminder of the immediate need for improved counterterrorism measures.
We are now six months on from Martyn’s Law, (The Terrorism (Protection of Premises) Act 2025), finally receiving Royal Assent. Although there is a period of approximately 18 months to implement the new requirements, organisations need to use the remaining time effectively to prepare.
The lengthy implementation period allows the Security Industry Authority’s (SIA) new function to be established. The SIA will serve as the primary regulator for Martyn's Law, overseeing its implementation and enforcement.
The SIA will also monitor and inspect premises to ensure they comply with the requirements and enforce sanctions. Where there are instances of serious or persistent non-compliance, the SIA will issue compliance notices, monetary penalties and restriction notices.
Also, the implementation period provides time for statutory guidance to be published by the Home Office to help duty-holders understand their obligations.
Impact on the casualty claims market
Martyn’s Law should reduce the frequency and impact of acts of terrorism, but it may also impact the casualty claims market.
The new legislation does not create a right of action for compensation claims by individuals, but it will draw attention to and potentially define an organisation’s security failings. This may lead to a higher frequency of claims and/or more successful claims for compensation from victims.
The requirements of the Act could also shape the standards of care required at common law, with a breach of the legislation used as firm evidence of negligence in a casualty claim.
Standard duty premises and events
If you operate premises and/or run events with a capacity of 200+ you need to appoint a ‘responsible person’ to ensure the requirements of the Act are met. Their responsibilities cannot be subcontracted. It is conceivable that failure to appoint a responsible person might constitute negligence.
Where it is reasonable to expect attendance of between 200 and 799 individuals (including staff), the responsible person will be required to notify the regulator of their premises and have (so far as reasonably practicable) appropriate public protection procedures to reduce the risk of harm in the event of an attack.
The requirements for standard duty premises are centred around simple, low-cost activities, such as enhancing risk assessments and training. Those procedures should cover evacuation, invacuation (moving people to a safe place), locking down the premises, and communicating with individuals on the premises. There is no requirement for physical measures.
The legislation uses language familiar in the context of negligence law. It is easy to see how the courts will use this legislation to assess the merits of allegations of failings on the part of an organisation and/or their responsible person.
Enhanced duty premises and events
If 800 or more individuals are expected, it will be considered an enhanced duty premises.
These venues and events have stricter requirements, including formal risk assessments and the implementation of proactive public protection measures such as CCTV, bag searches and vehicle barriers. They must document the public protection procedures and measures (in place or proposed) and provide this document to the SIA.
When determining the merits of liability claims against enhanced duty premises, there will be considerations around what is reasonably practicable. It remains to be seen how soon the courts start to bring the specific requirements of Martyn’s Law into their judgments.
Once the legislation is fully implemented, organisations against whom casualty claims are made might also be faced with compliance notices, penalties and restrictions. The courts may take those into account as a failure on the part of an organisation to take reasonable steps to safeguard the public.
None of the above detracts from the fact that the primary cause of injury, fatality and/or loss is an act of terror and it remains to be seen whether there will be an increase in the number of terror related casualty claims.
Compliance
Nonetheless, we anticipate that there will be a sharp focus on compliance within the casualty insurance market. Insurers will want to see that clients have actively engaged with their new responsibilities under the law, to reduce incidents and their impact, while strengthening claims defensibility.
Martyn's Law will undoubtedly bring about changes in the way we investigate such claims too. Completing a detailed assessment of compliance with Martyn's Law adds a layer of complexity.
The speed of response that the legislation demands, necessitates an evaluation of the effectiveness of post-incident evidence gathering and reporting. Documentation will be more important than ever. Electronic evidence is a central pilar of the legislation and some organisations will need to change the way they work.
Venue operators must maintain thorough and up-to-date documentation of all their security procedures and risk assessments. Crucially, they will need to present them to insurers evaluating claims.
Finally, organisations would be wise to; review their Employers Liability, Public Liability and Management Liability policies or programmes to ensure they have suitable protection.
