Podcast Location:
Download it here [file size: 25.8 MB]
Categories:
Employment Law
Personal Injury
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This two-part podcast series aims to provide an in-depth guide to the law relating to work equipment claims. Part One will examine the definition of work equipment under the Provision and Use of Work Equipment Regulations 1998 (‘PUWER’). It will also look at the obligations on an employer to comply with the PUWER and how the regulations will apply to non-employers using work equipment. Part Two will consider when work equipment will be unsuitable, focusing on the provisions within Regulation 4 of the PUWER. It will then go on to consider the importance of risk assessments. It will also touch on claims relating to mishandling of work equipment.

Outcomes:
After completing the course you will:
  • Know when work equipment will not be suitable;
  • Be familiar with the provisions of Regulation 4 of the PUWER;
  • Be aware of how the courts will approach the concept of “reasonable forseeability” for the purposes of Regulation 4;
  • Understand the obligations on an employer to carry out risk assessments;
  • Know what will be classed as an adequate risk assessment;
  • Appreciate the tension between Regulation 4 and the rest of the PUWER;
  • Understand the rules relating to mishandling or improper use of work equipment.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Allison v London Underground [2008] EWCA Civ 71;
  • Couzens v T McGee & Co [2009] EWCA Civ 95;
  • Donaldson v. Hays Distribution Services Limited [2005] CSIH 48;
  • Fytche v Wincanton Logistics [2004] UKHL 31;
  • Griffiths v Vauxhall Motors [2003] EWCA Civ 412;
  • Hindle v Birtwistle [1897] 1 QB 192;
  • Horton v Taplin Contracts [2003] EWCA Civ 412;
  • Hughes v. Lord Advocate (1963) SC (HL) 31;
  • Marks and Spencer plc v Palmer [2001] EWCA 1528;
  • Mason v Satelcom [2008] EWCA Civ;
  • McCook v Lobo [2002] EWCA Civ 1760;
  • Milner v. South of Scotland Electricity Board (1958) SC (HL) 20;
  • Mitchell v North British Rubber Co Ltd (1945) JC 69;
  • Provision and Use of Work Equipment Regulations 1998;
  • PRP Architects v Precious Reid [2006] EWCA Civ 1119;
  • Robb v Salamis [2006] UKHL 56;
  • Skinner v Scottish Ambulance Service [2004] SLT 843;
  • Smith v Northamptonshire County Council [2009] UKHL 27;
  • Spencer-Franks v Kellogg Brown [2008] UKHL;
  • Threlfall v Hull City Council [2010] EWCA Civ 1147.
Tags:

In this two-part CPDcast series, Simon Brindle from 9 Gough Square discusses work equipment claims, giving an in-depth analysis of the major decisions relating to failed or unsuitable work equipment and the relevant statutory provisions.

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