Vibixa Ltd v Komori UK Ltd & Ors

Vibixa Ltd v Komori UK Ltd & Ors

General enabling words in the preamble to the Supply of Machinery (Safety) Regulations 1992 did not invoke section 15(1) of the Health and Safety at Work etc Act 1974. Even if they had, health and safety regulations under section 15(1) cannot found a claim for property damage or loss of profits by a purchaser of machinery. The machinery directive did not require such remedies, and the legislative scheme did not provide them.

Parties
1st Appellant / Claimant: Vibixa Ltd; 2nd Appellant / Claimant: Polestar Jowetts Ltd; 1st Respondent / Defendant: Komori UK Ltd; 2nd Respondent / Defendant: Spectral Technology Ltd
Jurisdiction
England and Wales
Judgment Date
09 May 2006
Procedural Posture
Civil Appeal / Appeal From Order Striking Out Part of Claim Before Trial
Outcome
Appeal dismissed
Legal Topics
Effect of General Enabling Words in Statutory Instruments, Scope of Health and Safety at Work Etc Act 1974, Remedies for Breach of Statutory Duty, Implementation of EU Directives
Statutory Interpretation Health and Safety Law Product Liability Effect of General Enabling Words in Statutory Instruments Scope of Health and Safety at Work Etc Act 1974 Remedies for Breach of Statutory Duty Implementation of EU Directives

Case Brief

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Parties

Vibixa Ltd

1st Appellant / Claimant

Polestar Jowetts Ltd

2nd Appellant / Claimant

Komori UK Ltd

1st Respondent / Defendant

Spectral Technology Ltd

2nd Respondent / Defendant

Procedural Posture

Civil Appeal / Appeal From Order Striking Out Part of Claim Before Trial

Legal Issues

  1. 1 Whether general enabling words in the preamble to a statutory instrument invoke unexpressed enabling powers
  2. 2 Whether the Supply of Machinery (Safety) Regulations 1992 were made under section 15(1) of the Health and Safety at Work etc Act 1974
  3. 3 Whether health and safety regulations under section 15(1) of the 1974 Act can found a claim for property damage or loss of profits

Ratio Decidendi

General enabling words in the preamble to the Supply of Machinery (Safety) Regulations 1992 did not invoke section 15(1) of the Health and Safety at Work etc Act 1974. Even if they had, health and safety regulations under section 15(1) cannot found a claim for property damage or loss of profits by a purchaser of machinery. The machinery directive did not require such remedies, and the legislative scheme did not provide them.

Court Disposition

Appeal dismissed

Orders

  • The appeals are dismissed.
  • The order of Field J striking out the claims based on breach of statutory duty is upheld.