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Vibixa Ltd, Polestar Jowetts Ltd v Komori UK Ltd and Another, Spectral Technology Ltd: CA 9 May 2006

The claimants sought damages for damage to property alleging breach of statutory duty. The defendant said that the regulations were made under European not English law, and that the Secretary of State did not have power to make regulations under the 1974 Act which would give rise to a right to damages. The regulations had … Continue reading Vibixa Ltd, Polestar Jowetts Ltd v Komori UK Ltd and Another, Spectral Technology Ltd: CA 9 May 2006

Polestar Jowetts Ltd v Komori Ltd UK and Another: QBD 26 Jul 2005

The defendants sought to have struck out a claim under the 1992 Regulations to support a claim under s15(2) of the 1974 Act. They said that the 1992 Regulations had been made only under s2(2) and not under s15(1). Held: The implementing regulations were made under specific sections, ‘and of all other powers enabling her … Continue reading Polestar Jowetts Ltd v Komori Ltd UK and Another: QBD 26 Jul 2005

Regina v Bristol Magistrates Court and others ex parte Junttan Oy: HL 23 Oct 2003

The improper use of machinery had resulted in the death of an employee, and the applicant was prosecuted under the 1974 Act, but complained that the prosecution should have been under the Regulations. The directive required member states to apply its regulations in replacement of any earlier legislation. The 1974 Act, it said was therefore … Continue reading Regina v Bristol Magistrates Court and others ex parte Junttan Oy: HL 23 Oct 2003

Poole v Wright (T/A Simon Wright Racing Development) and Others: QBD 5 Aug 2013

The claimant had been severely injured whilst driving a go-kart at a track operated by the defendant. She had been wearing a scarf which became entangled with the moving parts causing very substantial injuries. She said that the cart did not comply with the 1992 Regulations, but the judge had found such Karts to be … Continue reading Poole v Wright (T/A Simon Wright Racing Development) and Others: QBD 5 Aug 2013