header-logo header-logo

Seizing control

Keith Patten assesses responsibility for injuries caused by work equipment

* * * * * *

Being a parliamentary draftsman is a thankless task. There is little praise for legislation that is non-contentious but much criticism when it turns out to be difficult and controversial. In drafting the Provision and Use of Work Equipment Regulations 1998 (PUWER 1998) (SI 1998/2306) (and their predecessor 1992 version) the draftsman may well have thought he was on safe ground. These are wide ranging provisions, and deliberately so. They have, however, proved too wide for the House of Lords. In Smith v Northamptonshire County Council [2009] UKHL 27 their lordships have seen fit to “invent” a limitation in the applicability of the Regulations which is found nowhere in the wording and which has the potential to restrict significantly the protections offered to injured workers.

The facts

The facts of Smith can be briefly stated. Mrs Smith worked for the defendant local authority as a carer and driver. Part of her duties involved taking disabled people from their

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

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

Ward Hadaway—44 appointments

Ward Hadaway—44 appointments

Firm invests in national growth with 44 appointments across five offices

NEWS
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
back-to-top-scroll