header-logo header-logo

09 September 2016
Issue: 7713 / Categories: Legal News
printer mail-detail

Factory action broke causation chain

A factory owner who continued to use a water tank with a faulty thermolevel did so at his own risk, the Court of Appeal has held in an important case on causation.

The manufacturer of the deficient thermolevel bore no responsibility for a fire caused by the tank overheating because the factory owner knew the thermolevel was malfunctioning yet failed to properly monitor it. The case, Howmet Ltd v Economy Devices Ltd [2016] EWCA (Civ) 847, centred on whether the chain of causation was broken. It was accepted that the deficient thermolevel caused the fire to start but there were both deficiencies in Economy’s manufacture of the device and failures in Howmet’s monitoring of the tank.

The court held that Howmet’s use of the tank broke the chain of causation. 

On Howmet’s claim against Economy under the Consumer Protection Act 1987, Lord Justice Jackson, giving the lead judgment, said: “It was, rightly, common ground between counsel that there should be no difference in the principles of causation between a case in negligence and a case for breach of statutory duty under s 41 of the 1987 Act. Therefore, in agreement with the judge, I would hold that the claim for breach of statutory duty fails.”

Daniel West, associate at Berwins Leighton Paisner, said: “The decision in Howmet should prove useful in defending claims where a claimant has knowingly used a defective product.  

“The decision supplements the case of Lambert v Lewis [1981] 1 All ER 1185 where the court held that liability arose not from the defective design of the product but from the claimant’s own negligence in continuing to use the product in an unsafe condition after discovery of the defects. Such arguments could, potentially, defeat claims in negligence, contract and under the Consumer Protection Act 1987—albeit I suspect that courts will be more reluctant to find that a ‘consumer’ (as opposed to a commercial entity) had full knowledge of the risks involved in continuing to use a defective product.” 

Issue: 7713 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll