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Phillips v Britannia Hygenic Laundry

[1923] 2 KB 832

Case summary last updated at 20/01/2020 18:38 by the Oxbridge Notes in-house law team.

Judgement for the case Phillips v Britannia Hygenic Laundry

 D breached statutory rules on maintaining the condition of his car and as a result P’s car was damaged. CA denied that P had a remedy beyond seeking the enforcement of the fine payable to the local authority by D. 
 
Bankes LJ: The general rule (he really means presumption) is that no remedies are available except those stated in the act. This is not an exception since there is no evidence that parliament intended there to be a private cause of action granted for breach of the duty e.g. if this were the case a pedestrian injured by a car could claim simply if the lights at the front were red and not white (i.e. a minor breach of the regulations which aren’t really material) which is absurd. 

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