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Pennington v Surrey County Council: Regulation 4 of the Provision and Use of Work Equipment Regulations
The Court of Appeal has recently handed down judgment in the case of Pennington v Surrey County Council  EWCA Civ 1493. The claim was for personal injury suffered by a firefighter in the course of his employment. Surrey County Council appealed the decision at first instance that a piece of life saving equipment used worldwide by firefighters to rescue victims of road traffic accidents, a Holmatro Ram 1040, was unsuitable within the meaning of regulation 4 of the Provision and Use of Work Equipment Regulations. This decision had significant implications for the ongoing use of this vital equipment. Surrey County Council's appeal was successful on this point allowing the ram to remain in service: it was held that the equipment was suitable if operated by properly trained and instructed personnel. Ultimately the Claimant succeeded overall on an allegation of deficient training. Laura Johnson of 1 Chancery Lane represented Surrey Councty Council instructed by Weightmans.