DELIBERATE ACT OF THIRD PARTY DID NOT CREATE BREACH OF STATUTORY DUTY

Horton v Taplin Contracts Ltd [2002] EWCA Civ 1604 (8 November 2002)

In Horton v Taplin Contracts Ltd [2002] EWCA Civ 1604 (8 November 2002) the claimant suffered injury when he fell from the platform of a scaffolding tower while involved in construction work. The cause of his fall was that a workmate of his, with whom he had had a disagreement, deliberately caused the tower to topple over. It was held that, in these circumstances, there had been no breach of statutory duty by the defendants and that, in any event, the claimant had not proved that any breach of duty caused his injuries. Further, the Court of Appeal stated that the defence of novus actus interveniens can in principle apply to claims for breach of statutory duty.