Local Boy'z Ltd v Malu NV [2021] EWHC 2439 (Comm) (03 September 2021)

Local Boy'z Ltd v Malu NV [2021] EWHC 2439 (Comm) (03 September 2021)

The court held that the defendant had no real prospect of successfully defending the claim because the KN95 masks supplied did not comply with UK regulatory requirements for PPE, as determined by the Health and Safety Executive, and the contractual responsibility for regulatory compliance rested with the defendant. The claimant was entitled to summary judgment for repayment and damages.

Citation
[2021] EWHC 2439 (Comm)
Parties
Claimant: Local Boy'z Limited; Defendant: Malu NV
Jurisdiction
England and Wales
Judgment Date
03 September 2021
Procedural Posture
Commercial Claim (summary Judgment Application) / Summary Judgment Application Before High Court (commercial Court)
Outcome
Summary judgment granted for the claimant.
Legal Topics
Summary Judgment, Sale of Goods, Personal Protective Equipment Regulation, Medical Devices Regulation, Contractual Terms, Market Surveillance, Product Compliance
Commercial Law Contract Law Product Regulation Summary Judgment Sale of Goods Personal Protective Equipment Regulation Medical Devices Regulation Contractual Terms +2 more

Case Brief

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Parties

Local Boy'z Limited

Claimant

Malu NV

Defendant

Procedural Posture

Commercial Claim (summary Judgment Application) / Summary Judgment Application Before High Court (commercial Court)

Legal Issues

  1. 1 Whether the defendant has a real prospect of successfully defending the claim for payment under contracts for the sale of face masks
  2. 2 Whether the KN95 masks supplied complied with UK/EU regulatory requirements for PPE and were fit for purpose
  3. 3 Whether the contractual responsibility for regulatory compliance rested with the claimant or defendant

Ratio Decidendi

The court held that the defendant had no real prospect of successfully defending the claim because the KN95 masks supplied did not comply with UK regulatory requirements for PPE, as determined by the Health and Safety Executive, and the contractual responsibility for regulatory compliance rested with the defendant. The claimant was entitled to summary judgment for repayment and damages.

Court Disposition

Summary judgment granted for the claimant.

Orders

  • Defendant to pay the claimant the sums claimed under the contracts for the KN95 masks.
  • Defendant to pay damages for breach of contract and/or repayment of sums received for non-compliant goods.