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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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

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Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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