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 the Dreamspace V structure was subject to adequate risk assessment and competent engineering advice regarding its anchorage and safety. Each party bore responsibility for the event's organisation and for public safety. The Council is to bear two-thirds and BIL one-third of the civil liability for the injuries and deaths caused by the incident.

Citation
[2011] EWHC 1226 (QB)
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
Outcome
Liability apportioned: Council two-thirds, BIL one-third.
Legal Topics
Apportionment of Liability, Negligence, Contribution Between Tortfeasors, Employer's Liability, Public Liability, Risk Assessment, Event Safety
Tort Law Civil Liability Health and Safety Apportionment of Liability Negligence Contribution Between Tortfeasors Employer's Liability 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

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 and in what proportions under the Civil Liability (Contribution) Act 1978.
  2. 2 Whether either party failed in their duty to assess and ensure the structural safety of the Dreamspace V installation.

Ratio Decidendi

Both Chester-le-Street District Council and Brouhaha International Limited failed to ensure that the Dreamspace V structure was subject to adequate risk assessment and competent engineering advice regarding its anchorage and safety. Each party bore responsibility for the event's organisation and for public safety. The Council is to bear two-thirds and BIL one-third of the civil liability for the injuries and deaths caused by the incident.

Court Disposition

Liability apportioned: Council two-thirds, BIL one-third.

Orders

  • Chester-le-Street District Council to bear two-thirds of the civil liability for compensation paid or payable to victims.
  • Brouhaha International Limited to bear one-third of the civil liability for compensation paid or payable to victims.