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18 June 2009 / Hugh Preston
Issue: 7374 / Categories: Features , Personal injury
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Debating the PUWER lines

Post Smith, where should the PUWER lines be drawn? asks Hugh Preston

Post Smith, where should the PUWER lines be drawn? asks Hugh Preston
Long ago employers were liable only for injuries that were both foreseeable and avoidable. Then came the Factories Acts and the introduction of strict liability for defective machinery at work, expanding again with the implementation of the Provision and Use of Work Equipment Regulations 1992 (SI 1992/2932), subsequently replaced by PUWER—the Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306).

PUWER appeared to go a step further than its predecessors. Reg 3(2) makes it clear that the duties apply in respect of work equipment “provided for use or used ... at work” [emphasis added] thus opening the door to liability for work equipment that has not been “provided” by the employer at all, but has nevertheless been “used at work”.

The argument for claimants has been that these provisions are to be interpreted literally, and that a political decision has been taken to impose liability upon employers for defects

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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