Breach of absolute statutory duty

Brumbder v Motornet Service and Repairs Ltd and another [2013] EWCA Civ 195

Counsel: For the appellant: Anthony ColemanFor the respondents: Neil QC Moody (who did not appear below)Solicitors: For the appellant: Wannops LLPFor the respondents: Greenwoods

In an unusual case, the sole director and shareholder of a company, who suffered personal injuries as a result of the company’s breach of an absolute statutory obligation to maintain equipment in proper working order, was unable to bring a claim against it, when he was in breach of his obligations to it to exercise reasonable care to enable the company to fulfil that obligation.