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Injury Law - Work Equipment is Under Control

By : Jamie Clarke

Spencer-Franks has redefined the employer liability boundaries, but the area of claims for injuries caused by work equipment remains open, says Jamie Clarke

THE HOUSE OF LORDS in Spencer-Franks v Kellogg Brown and Root Limited [2008] UK HL 46, in overruling the decision of the Court of Appeal in Hammond v Commissioner of Police of the Metropolis [2004] EWCA Civ 830, has further widened and restated the scope of the definition of ‘work equipment’ in the Provision and Use of Work Equipment Regulations 1998 (PUWER)