Wilson & Ors v Beko Plc (Rev 1) [2019] EWHC 3362 (QB) (10 December 2019)

Wilson & Ors v Beko Plc (Rev 1) [2019] EWHC 3362 (QB) (10 December 2019)

The Product Liability Directive (85/374/EEC), as interpreted by the CJEU, effects maximal harmonisation of strict liability for defective products. Article 13 does not permit Member States to maintain or introduce parallel general systems of strict liability for defective products outside the Directive's scope. Section 41(1) of the Consumer Protection Act 1987 and the 1994 Regulations cannot be interpreted as providing a parallel strict liability cause of action for defective products within the Directive's scope. Therefore, the Claimants' strict liability claim under section 41(1) and the 1994 Regulations is precluded.

Citation
[2019] EWHC 3362
Parties
Claimant: Hazel Wilson (as Administratrix of the Estate of the Late John Wilson); Claimant: Hazel Wilson; Claimant: Danielle Wilson; Claimant: Leanne Wilson; Claimant: Allen Wilson; Defendant: Beko PLC
Jurisdiction
England and Wales
Judgment Date
10 December 2019
Procedural Posture
Preliminary Issue in Product Liability/personal Injury Claim / High Court (queen's Bench Division) Judgment on Preliminary Issue
Outcome
Claimants' strict liability claim under section 41(1) and the 1994 Regulations is precluded; preliminary issue determined in favour of the Defendant.
Legal Topics
Strict Liability, Breach of Statutory Duty, Interpretation of EU Directives, Limitation Periods, Harmonisation of Laws
Product Liability EU Law Consumer Protection Tort Strict Liability Breach of Statutory Duty Interpretation of EU Directives Limitation Periods +1 more

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Parties

Hazel Wilson (as Administratrix of the Estate of the Late John Wilson)

Claimant

Hazel Wilson

Claimant

Danielle Wilson

Claimant

Leanne Wilson

Claimant

Allen Wilson

Claimant

Beko PLC

Defendant

Procedural Posture

Preliminary Issue in Product Liability/personal Injury Claim / High Court (queen's Bench Division) Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether section 41(1) of the Consumer Protection Act 1987 and/or the Electrical Equipment (Safety) Regulations 1994 provide a cause of action in strict liability for defective products outside the scope of the Directive and Part I of the 1987 Act;
  2. 2 Whether such a claim is precluded by the harmonisation effected by the Product Liability Directive (85/374/EEC) and its transposition into UK law;
  3. 3 Whether Article 13 of the Directive permits parallel strict liability systems for defective products under national law.

Ratio Decidendi

The Product Liability Directive (85/374/EEC), as interpreted by the CJEU, effects maximal harmonisation of strict liability for defective products. Article 13 does not permit Member States to maintain or introduce parallel general systems of strict liability for defective products outside the Directive's scope. Section 41(1) of the Consumer Protection Act 1987 and the 1994 Regulations cannot be interpreted as providing a parallel strict liability cause of action for defective products within the Directive's scope. Therefore, the Claimants' strict liability claim under section 41(1) and the 1994 Regulations is precluded.

Court Disposition

Claimants' strict liability claim under section 41(1) and the 1994 Regulations is precluded; preliminary issue determined in favour of the Defendant.

Orders

  • Claimants' claim for strict liability under section 41(1) and the 1994 Regulations dismissed as not maintainable within the scope of the Directive and Part I of the 1987 Act.
  • Case to proceed on remaining issues, including negligence and novus actus interveniens, if pursued.