Faisal & Anor v Younis (t/a Safa Superstore) & Anor [2018] EWHC 1111 (QB) (10 May 2018)

Faisal & Anor v Younis (t/a Safa Superstore) & Anor [2018] EWHC 1111 (QB) (10 May 2018)

The Recorder was entitled to find that a reasonable shopkeeper, on reading the label and being aware of the product's dangers, should have foreseen the risk to children and taken the simple precaution of placing caustic soda out of their reach. The Recorder's apportionment of liability and costs order followed correct legal principles and was not open to appellate interference.

Citation
[2018] EWHC 1111
Parties
Claimant: Saira Faisal; Claimant: Ayman Faisal; 1st Defendant/appellant: Mr Younis t/a Safa Superstore; 2nd Defendant/respondent: Active Brands Concept Ltd
Jurisdiction
England and Wales
Judgment Date
10 May 2018
Procedural Posture
Appeal (contribution Proceedings in Personal Injury Claim) / High Court (queen's Bench Division) Appeal From Recorder's Judgment
Outcome
Appeal dismissed
Legal Topics
Contribution Between Tortfeasors, Foreseeability, Duty of Care of Retailers, Apportionment of Liability, Costs Orders in Contribution Proceedings
Tort Law Product Liability Personal Injury Civil Procedure Contribution Between Tortfeasors Foreseeability Duty of Care of Retailers Apportionment of Liability +1 more

Case Brief

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Parties

Saira Faisal

Claimant

Ayman Faisal

Claimant

Mr Younis t/a Safa Superstore

1st Defendant/appellant

Active Brands Concept Ltd

2nd Defendant/respondent

Procedural Posture

Appeal (contribution Proceedings in Personal Injury Claim) / High Court (queen's Bench Division) Appeal From Recorder's Judgment

Legal Issues

  1. 1 Whether the Recorder erred in finding the first defendant liable to contribute to the second defendant's liability to the claimants
  2. 2 Whether the Recorder erred in apportioning liability between the defendants
  3. 3 Whether the Recorder erred in ordering the first defendant to pay the second defendant's costs

Ratio Decidendi

The Recorder was entitled to find that a reasonable shopkeeper, on reading the label and being aware of the product's dangers, should have foreseen the risk to children and taken the simple precaution of placing caustic soda out of their reach. The Recorder's apportionment of liability and costs order followed correct legal principles and was not open to appellate interference.

Court Disposition

Appeal dismissed

Orders

  • Both the substantive appeal and the appeal in relation to costs are dismissed.