SMITH v. CAMMELL LAIRD & CO., LTD.

(1939) 65 Ll L Rep 127

HOUSE OF LORDS.

Before Viscount Maugham, Lord Atkin, Lord Russell of Killowen, Lord Wright and Lord Porter.

Shipbuilding Regulations, 1931-Breach of statutory duty - Personal injuries sustained by plaintiff while working in hold of vessel in wet dock, part of defendants' shipbuilding yard - Staging erected by defendants-Vessel, having undergone trials, redocked for completion-Cork Insulation Company employed by prospective owners of vessel to carry out certain insulation work - Cork Insulation Company permitted by defendants to use staging -Plaintiff a servant of Cork Insulation Company-Removal by defendants of lashings on staging at request of company - Planks displaced, staging thereby becoming unsafe-"It shall be the duty of the occupier to comply with Parts I to VIII of these Regulations" Duty of maintenance-Meaning of "occupier"-Power of Secretary of State to make Regulations-Whether ultra vires so far as the duty imposed extended to persons who were not in fact carrying on the dangerous trade - Shipbuilding Regulations, 1931, Regulations 11, 13-Factory and Workshop Act, 1901, Sects. 79, 104, 149, Sixth Schedule, Part II, No. 25.