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09 August 2007 / Brent Mcdonald
Issue: 7285 / Categories: Features , Health & safety , EU , Personal injury , Employment
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Being reasonable

So far as is reasonably practicable: are employers about to face a tougher test? Brent McDonald reports

In Commission v UK: C-127/05 [2007] All ER (D) 126 (Jun) the European Court of Justice (ECJ) rejected an attempt by the Commission to declare the use of “so far as is reasonably practicable” (SFAIRP) clauses in health and safety regulations incompatible with Directive 89/391/EEC, commonly known as the Framework Directive.

The ECJ decided that the Commission had failed to put forward a sufficiently clear and evidence-based argument to justify this step. However, the matter may not end there thanks to Advocate General Mengozzi’s opinion to the court. Although the opinion supported the dismissal of the Commission’s case, it states that SFAIRP clauses which allow employers a defence based on more than technical infeasibility are contrary to the purpose of the Framework Directive, and hence incompatible.

If that is correct, unless SFAIRP clauses are applied differently by the courts in future, litigants may be forced to rely directly on regulations as against emanations of the

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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