Martyn’s Law comprises recommendations from the Manchester Arena Inquiry and London
Bridge Inquest. These inquiries both called for the introduction of legislation and guidance to
protect the public from terrorist attacks. The Bill’s main aim is to “improve protective security
and organisational preparedness across the UK”. By imposing legal obligations on those
responsible for certain premises and events to consider the terrorist risk and potential
responses, this goal can be achieved.
The Public Protection procedures imposed on duty-holders by the Bill apply when there is
reason to suspect that an act of terrorism is occurring or about to occur. Furthermore, public
protection procedures apply to acts of terror on the premises, at the event, or within the
immediate vicinity. The inclusion of ‘immediate vicinity’ raises a legitimate concern about
how far the perimeters of liability extend.
Assuming this is the case, some apparent dilemmas arise for duty-holders: Is a duty-holder
liable for people who have exited the premises or left the event but are congregating in the
surrounding street? If so, what measures exist to prevent this from happening? Can these
methods be paid for and adequately implemented?
The dilemmas that duty-holders face will extend to their insurers, as the scope of coverage
will have significant implications under existing property, terrorism and public liability policies.
The providers’ market appears to be unshaken by the Bill’s proposal. The general attitude
towards terrorist acts, such as those encompassed in Martyn’s Law, is that they are
considered ‘catastrophic events’ – highly destructive (and costly) but highly improbable.
However, Martyn’s Law challenges this prevailing understanding by imposing positive,
proactive duties on businesses operating in the event space. The Bill’s current configuration
places the onus on event and venue operators to proactively plan for, rather than reactively
respond to, an act of terrorism. Reframing terrorism from a catastrophic, force majeure event
to a foreseeable and preventable threat will force providers to reconsider policy wording to
anticipate this possible change in approach.
Miller remains at the forefront of developments and actively advise clients in the events
sector on key issues relating to risk management and insurance. Do reach out if you have
any concerns. We’re here to help.
Contact:
David Griffiths, Miller Sports & Entertainment Account Executive
david.griffiths@miller-insurance.com
Note: This is an abridged version of an article produced in conjunction with HCR Law