Wilson & Ors v Beko Plc (Rev 1)

Wilson & Ors v Beko Plc (Rev 1)

Section 41(1) of the Consumer Protection Act 1987 and the 1994 Regulations cannot be used to impose strict liability for defective products falling within the scope of the Directive and Part I of the 1987 Act, as this would be inconsistent with EU law and the Directive's harmonisation. Claims for breach of statutory duty under these provisions are not actionable if they relate to defective products causing actionable damage covered by the Directive.

Parties
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
Civil / Preliminary Issue Determination
Outcome
Claim for breach of statutory duty under section 41(1) and the 1994 Regulations dismissed at preliminary issue stage; judgment not entered.
Legal Topics
Strict Liability, Breach of Statutory Duty, Interpretation of EU Directives, Limitation Periods, Safety Regulations
Product Liability Consumer Protection EU Law Strict Liability Breach of Statutory Duty Interpretation of EU Directives Limitation Periods Safety Regulations

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Parties

Hazel Wilson

Claimant

Danielle Wilson

Claimant

Leanne Wilson

Claimant

Allen Wilson

Claimant

Beko PLC

Defendant

Procedural Posture

Civil / Preliminary Issue Determination

Legal Issues

  1. 1 Whether section 41(1) of the Consumer Protection Act 1987 and/or the Electrical Equipment (Safety) Regulations 1994 are applicable to the claim for breach of statutory duty in light of the Directive 85/374/EEC and EU law
  2. 2 Whether judgment should be entered for the claimants based on breach of statutory duty

Ratio Decidendi

Section 41(1) of the Consumer Protection Act 1987 and the 1994 Regulations cannot be used to impose strict liability for defective products falling within the scope of the Directive and Part I of the 1987 Act, as this would be inconsistent with EU law and the Directive's harmonisation. Claims for breach of statutory duty under these provisions are not actionable if they relate to defective products causing actionable damage covered by the Directive.

Court Disposition

Claim for breach of statutory duty under section 41(1) and the 1994 Regulations dismissed at preliminary issue stage; judgment not entered.