Wembridge Claimants & Ors v Winter & Ors

Wembridge Claimants & Ors v Winter & Ors

The fire service breached its common law and statutory duties by failing to adequately train personnel on the risks of bulk fireworks, failing to inspect and record site-specific risks at Marlie Farm, failing to communicate explosion risks, and failing to execute an effective evacuation after the order was given. These failures were causative of the deaths and injuries. No immunity from suit applied. The claim of contributory negligence against Mr Wembridge failed.

Parties
Claimant: The Wembridge Claimants; Claimant: The Wicker Claimants; Claimant: Timothy Austin; First Defendant: Martin Paul Winter; Second Defendant: East Sussex Fire and Rescue Service; Second Defendant: Alpha Fireworks Limited (In Liquidation)
Jurisdiction
England and Wales
Judgment Date
30 July 2013
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the claimants
Legal Topics
Employer's Liability, Negligence, Breach of Statutory Duty, Firefighter Safety, Emergency Services Liability, Contributory Negligence
Tort Employment Law Health and Safety Law Employer's Liability Negligence Breach of Statutory Duty Firefighter Safety Emergency Services Liability +1 more

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Parties

The Wembridge Claimants

Claimant

The Wicker Claimants

Claimant

Timothy Austin

Claimant

Martin Paul Winter

First Defendant

East Sussex Fire and Rescue Service

Second Defendant

Alpha Fireworks Limited (In Liquidation)

Second Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the fire service owed a duty of care to its employees and police officers attending the Marlie Farm fire and explosion
  2. 2 Whether there was breach of statutory duty under health and safety regulations
  3. 3 Whether there was negligence in training, risk assessment, and execution of evacuation procedures

Ratio Decidendi

The fire service breached its common law and statutory duties by failing to adequately train personnel on the risks of bulk fireworks, failing to inspect and record site-specific risks at Marlie Farm, failing to communicate explosion risks, and failing to execute an effective evacuation after the order was given. These failures were causative of the deaths and injuries. No immunity from suit applied. The claim of contributory negligence against Mr Wembridge failed.

Court Disposition

Judgment for the claimants

Orders

  • Claimants entitled to judgment against the Second Defendant, damages to be assessed.
  • Mrs Wembridge entitled to summary judgment for damages to be assessed against the First Defendant.