Issue 50 - August 2004
HHJ Thornton QC provides guidance on the amount of money likely to be ordered in a claim for damages for inconvenience, loss and anxiety.
Other
Gemma Ltd v Gimson and anr
Click to download PDFR v Nishimatsu, R v Conder Structures Ltd
Issue 44 - February 2004
Nishimatsu Construction was fined £700,000 (and ordered to pay £145,000 in costs) following an explosion on the Docklands Light Railway. The size of the fine reflected the judge's view that there was a breach of duty which put the public at risk. Conder Structures Limited was fined £100,000 plus costs of £60,000 following the death of a ground worker when structural steel columns were blown down in the wind.
Sahib Foods Ltd (in liquidation) v Paskin Kyriakides Sands
Issue 43 - January 2004
The Court of Appeal had to apportion responsibility for a fire in a food factory which one party said was caused by the failure of the architect to provide for the installation of non-combustible panels and the other said was caused by the negligence of the workers preparing food.
R v Bristol Magistrates Court Ex Parte Junttan Oy
Issue 40 - October 2003
The House of Lords decided that Junttan could be prosecuted under both section 6 of the Health and Safety at Work Act and for breach of the 1992 Supply of Machinery (Safety) Regulations 1992 (HSWA) following the death of a piling rig operator. This was important because the maximum penalty under the HSWA was a fine of £20,000, while the machinery supply regulations set a maximum fine of just £5,000.
Re: Anglian Water Services Ltd
Issue 38 - August 2003
The Court of Appeal reduced a fine imposed upon Anglian Water from £200,000 to £60,000 following a conviction for discharging sewage effluent into a river. The Court noted that the fine should be set at a level which makes some impact on the company concerned to overcome a suggestion that it might be cheaper to pay the fine rather than undertake the work necessary to prevent the offence in the first place. But it ruled that original fine was excessive in this case compared with those imposed on other companies.
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