|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 274 (Mar)|
Lord Woolf CJ and Wright J
|Representation||Sarah Lee (instructed by CMS Cameron McKenna) for the claimant.|
|Paul Lasok QC and Jason Coppel (instructed by Bond Pearce) for the HSE.|
|Judgment Dates:||19 March 2002|
Health and safety at work - Employer's duties - Duties to other person's employees - Duty in respect of design and construction of machine - Claimant's machine accidentally killing employee of purchaser of machine - Claimant being prosecuted under domestic legislation in respect of design of machine and failure to remedy identified fault - Claimant contending prosecution unlawful as legislation giving rise to same offence as regulations implementing Community obligations - Whether prosecution abuse of process - ss 3, 6 - Supply of Machinery (Safety) Regulations 1992 - Council Directive (EEC) 98/37.