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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

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
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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