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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll