header-logo header-logo

23 October 2008
Issue: 7342 / Categories: Features , Personal injury
printer mail-detail

PUWER to the people

Elliot Gold and Jonathan Dixey revisit the meaning of work equipment

What is “work equipment” and for whom has been the subject of litigation on both sides of the border. Cases have swung from England to Scotland and up to the Lords. In the recent case of Spencer-Franks v Kellogg, Brown and Root Ltd [2008] UKHL 46, [2008] All ER (D) 26 (Jul), the House of Lords revisited the question of what constitutes work equipment within the meaning of the Provision and Use of Work Equipment Regulations 1998 (PUWER 1998). Reversing an earlier Court of Appeal judgment, the case highlights some important considerations to be made when determining if something is work equipment and in what circumstances liability arises.

PUWER 1998 defines work equipment as: “any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not)”. This definition differs from that which was provided by PUWER 1992. They stated that work equipment meant “any machinery, appliance, apparatus or tool and any assembly of components which, in order to achieve a common end,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
back-to-top-scroll