Hammond v Commissioner Of Police For Metropolis & Ors

Hammond v Commissioner Of Police For Metropolis & Ors

The Regulations do not extend strict liability to defects in objects being worked on that are not provided by the employer as work equipment. The wheel bolt was not 'work equipment' within the meaning of the Regulations, and the employer was not liable under Regulation 6 for the claimant's injury.

Parties
Claimant/respondent: Terry Hammond; First Defendant/first Appellant: Commissioner of Police for the Metropolis; Second Defendant/second Appellant: Metropolitan Police Authority; Third Defendant: Master South London Ltd
Jurisdiction
England and Wales
Judgment Date
11 June 2004
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment on Liability
Outcome
Appeal allowed
Legal Topics
Provision and Use of Work Equipment Regulations 1992, Employer's Liability, Strict Liability, Definition of Work Equipment, Contributory Negligence
Employment Law Health and Safety Law Personal Injury Provision and Use of Work Equipment Regulations 1992 Employer's Liability Strict Liability Definition of Work Equipment Contributory Negligence

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Parties

Terry Hammond

Claimant/respondent

Commissioner of Police for the Metropolis

First Defendant/first Appellant

Metropolitan Police Authority

Second Defendant/second Appellant

Master South London Ltd

Third Defendant

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment on Liability

Legal Issues

  1. 1 Whether a wheel bolt is 'work equipment' under the Provision and Use of Work Equipment Regulations 1992
  2. 2 Whether the employer is strictly liable for injury caused by a defect in an object being worked on, as opposed to equipment provided for use
  3. 3 Whether the Regulations impose obligations regarding equipment not provided by the employer

Ratio Decidendi

The Regulations do not extend strict liability to defects in objects being worked on that are not provided by the employer as work equipment. The wheel bolt was not 'work equipment' within the meaning of the Regulations, and the employer was not liable under Regulation 6 for the claimant's injury.

Court Disposition

Appeal allowed

Orders

  • Judgment for the claimant set aside
  • No liability under Regulation 6 for the employer in respect of the wheel bolt