Stark v Post Office [2000] EWCA Civ 64 (2 March 2000)

Stark v Post Office [2000] EWCA Civ 64 (2 March 2000)

Regulation 6(1) imposes an absolute obligation; failure of equipment, regardless of detectability or maintenance, constitutes breach of statutory duty.

Citation
[2000] EWCA Civ 64
Parties
Appellant: Mr Stark; Respondent: Post Office
Jurisdiction
England and Wales
Judgment Date
02 March 2000
Procedural Posture
Personal Injury Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Absolute Statutory Duty, Maintenance of Work Equipment, Provision and Use of Work Equipment Regulations 1992, European Directives Implementation
Employment Law Health and Safety Law Statutory Interpretation Absolute Statutory Duty Maintenance of Work Equipment Provision and Use of Work Equipment Regulations 1992 European Directives Implementation

Case Brief

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Parties

Mr Stark

Appellant

Post Office

Respondent

Procedural Posture

Personal Injury Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Does regulation 6(1) of the Provision and Use of Work Equipment Regulations 1992 impose an absolute obligation on employers to maintain work equipment in an efficient state?
  2. 2 Was the Post Office in breach of statutory duty when the bicycle failed due to an undetectable defect?

Ratio Decidendi

Regulation 6(1) imposes an absolute obligation; failure of equipment, regardless of detectability or maintenance, constitutes breach of statutory duty.

Court Disposition

appeal allowed

Orders

  • judgment for claimant
  • damages to be assessed