Wembridge Claimants & Ors v Winter & Ors [2013] EWHC 2331 (QB) (30 July 2013)

Wembridge Claimants & Ors v Winter & Ors [2013] EWHC 2331 (QB) (30 July 2013)

The court found that East Sussex Fire and Rescue Service failed to identify and manage the specific risks associated with large-scale fireworks storage at Marlie Farm, failed to provide adequate training and risk assessment to its personnel, and did not disseminate critical safety guidance. These failures amounted to a breach of duty of care owed to the claimants, and the breach caused the deaths and injuries. The claimants are entitled to judgment against the Second Defendant, subject to individual issues of causation and assessment of damages.

Citation
[2013] EWHC 2331
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; Austin Defendant: Alpha Fireworks Limited (In Liquidation)
Jurisdiction
England and Wales
Judgment Date
30 July 2013
Procedural Posture
Civil Negligence / Personal Injury / Judgment After Trial
Outcome
Judgment for the claimants against the Second Defendant (East Sussex Fire and Rescue Service) and summary judgment against the First Defendant (Martin Winter); damages to be assessed.
Legal Topics
Negligence, Employer's Liability, Fire Service Liability, Breach of Statutory Duty, Contributory Negligence
Tort Law Statutory Duty Health and Safety Negligence Employer's Liability Fire Service Liability Breach of Statutory Duty Contributory Negligence

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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)

Austin Defendant

Procedural Posture

Civil Negligence / Personal Injury / Judgment After Trial

Legal Issues

  1. 1 Whether East Sussex Fire and Rescue Service breached its duty of care to employees and police officers attending the Marlie Farm fire
  2. 2 Whether statutory regulations imposed actionable duties on the fire service
  3. 3 Whether the fire service failed to provide adequate training and risk assessment regarding fireworks/explosives

Ratio Decidendi

The court found that East Sussex Fire and Rescue Service failed to identify and manage the specific risks associated with large-scale fireworks storage at Marlie Farm, failed to provide adequate training and risk assessment to its personnel, and did not disseminate critical safety guidance. These failures amounted to a breach of duty of care owed to the claimants, and the breach caused the deaths and injuries. The claimants are entitled to judgment against the Second Defendant, subject to individual issues of causation and assessment of damages.

Court Disposition

Judgment for the claimants against the Second Defendant (East Sussex Fire and Rescue Service) and summary judgment against the First Defendant (Martin Winter); damages to be assessed.

Orders

  • Damages to be assessed against the First and Second Defendants as appropriate.
  • Summary judgment for Mrs Wembridge against the First Defendant.