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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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