Furmedge & Ors v Chester -Le -Street District Council [2011] EWHC 1226 (QB) (16 May 2011)

Furmedge & Ors v Chester -Le -Street District Council [2011] EWHC 1226 (QB) (16 May 2011)

Both Chester-le-Street District Council and Brouhaha International Limited failed to ensure that adequate risk assessments and structural safety measures were in place for the Dreamspace V installation. The Council, as the local authority and event host, and BIL, as an organiser with operational involvement, each bore responsibility for the failure to address foreseeable risks. Liability for compensation paid to victims is to be apportioned between the Council and BIL according to their respective degrees of fault and involvement.

Citation
[2011] EWHC 1226
Parties
Claimant: Gary Furmedge (Administrator of the Estate of Claire Furmedge deceased); Claimant: William Collings (Administrator of the Estate of Elizabeth Collings deceased); Claimant: Susan Campbell; Defendant and Part 20 Claimant: Chester-le-Street District Council; First Named Third Party: Brouhaha International Limited; Second Named Third Party: Maurice Agis
Jurisdiction
England and Wales
Judgment Date
16 May 2011
Procedural Posture
Civil Contribution/apportionment of Liability / Judgment After Trial on Apportionment of Responsibility
Outcome
Liability apportioned between Chester-le-Street District Council and Brouhaha International Limited for compensation paid to victims of the Dreamspace V incident.
Legal Topics
Apportionment of Liability, Negligence, Duty of Care, Contribution Between Tortfeasors, Public Liability, Risk Assessment, Event Safety
Tort Law Civil Liability Health and Safety Law Apportionment of Liability Negligence Duty of Care Contribution Between Tortfeasors Public Liability +2 more

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Parties

Gary Furmedge (Administrator of the Estate of Claire Furmedge deceased)

Claimant

William Collings (Administrator of the Estate of Elizabeth Collings deceased)

Claimant

Susan Campbell

Claimant

Chester-le-Street District Council

Defendant and Part 20 Claimant

Brouhaha International Limited

First Named Third Party

Maurice Agis

Second Named Third Party

Procedural Posture

Civil Contribution/apportionment of Liability / Judgment After Trial on Apportionment of Responsibility

Legal Issues

  1. 1 Whether Chester-le-Street District Council and/or Brouhaha International Limited are liable for the injuries and deaths caused by the Dreamspace V incident
  2. 2 The extent to which each party should bear responsibility for compensation paid to victims

Ratio Decidendi

Both Chester-le-Street District Council and Brouhaha International Limited failed to ensure that adequate risk assessments and structural safety measures were in place for the Dreamspace V installation. The Council, as the local authority and event host, and BIL, as an organiser with operational involvement, each bore responsibility for the failure to address foreseeable risks. Liability for compensation paid to victims is to be apportioned between the Council and BIL according to their respective degrees of fault and involvement.

Court Disposition

Liability apportioned between Chester-le-Street District Council and Brouhaha International Limited for compensation paid to victims of the Dreamspace V incident.

Orders

  • Each party to bear a share of the compensation liability according to the court's apportionment of responsibility.
  • No compensation claims by victims remain outstanding in this trial; the judgment concerns only apportionment between the Council and BIL.