Activa DPS Europe SARL v Pressure Seal Solutions Ltd (t/a Welltec Systems UK) [2012] EWCA Civ 943 (11 July 2012)

Activa DPS Europe SARL v Pressure Seal Solutions Ltd (t/a Welltec Systems UK) [2012] EWCA Civ 943 (11 July 2012)

The appeal was dismissed because the Recorder was entitled to find that the goods were not unfit for purpose, as Activa was able to resell them without difficulty, and there was no evidence that the relevant regulations were enforced in the Member States. The court refused to allow Activa to amend its defence to raise a new illegality argument at the appellate stage, as it would be unjust to the respondent and contrary to established principles of civil procedure. The claimant was not required to accept redelivery of goods to mitigate its loss.

Citation
[2012] EWCA Civ 943
Parties
Defendant/appellant: Activa DPS Europe S. A. R. L.; Claimant/respondent: Pressure Seal Solutions Limited T/A Welltec System (UK)
Jurisdiction
England and Wales
Judgment Date
11 July 2012
Procedural Posture
Civil Appeal / Appeal From Southampton County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Implied Terms, Fitness for Purpose, Illegality, Mitigation of Damages, Sale of Goods, Electromagnetic Compatibility, CE Marking, Enforcement of EU Directives
Contract Law Commercial Law European Union Law Implied Terms Fitness for Purpose Illegality Mitigation of Damages Sale of Goods +3 more

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Parties

Activa DPS Europe S. A. R. L.

Defendant/appellant

Pressure Seal Solutions Limited T/A Welltec System (UK)

Claimant/respondent

Procedural Posture

Civil Appeal / Appeal From Southampton County Court Judgment

Legal Issues

  1. 1 Whether the supplied goods were unfit for purpose due to lack of certification under EC Directive 2004/108/EC and the Electromagnetic Compatibility Regulations 2006
  2. 2 Whether the contracts were void and unenforceable due to illegality
  3. 3 Whether the claimant failed to mitigate its loss by refusing to accept redelivery of unsold goods

Ratio Decidendi

The appeal was dismissed because the Recorder was entitled to find that the goods were not unfit for purpose, as Activa was able to resell them without difficulty, and there was no evidence that the relevant regulations were enforced in the Member States. The court refused to allow Activa to amend its defence to raise a new illegality argument at the appellate stage, as it would be unjust to the respondent and contrary to established principles of civil procedure. The claimant was not required to accept redelivery of goods to mitigate its loss.

Court Disposition

Appeal dismissed

Orders

  • Permission to amend defence to raise illegality refused
  • Judgment for the claimant in the sum of €64,699.09 plus interest affirmed