AG -v- Grand Hotel and Ors 13-Oct-2006 [2006] JRC 146 (13 October 2006)

AG -v- Grand Hotel and Ors 13-Oct-2006 [2006] JRC 146 (13 October 2006)

Both defendants breached their duty to protect employees from asbestos exposure; ignorance and recklessness are not excuses. Substantial fines are imposed for reckless disregard of safety regulations.

Citation
[2006] JRC 146
Parties
First Defendant: Grand Hotel Limited; Second Defendant: Swift Property Services Limited; Third Party (mentioned): Stevtom Limited
Jurisdiction
Jersey
Judgment Date
13 October 2006
Procedural Posture
Criminal Prosecution / Judgment
Outcome
guilty plea; fines imposed
Legal Topics
Asbestos Exposure, Employer Duty of Care, Contractor Liability, Reckless Disregard, Mitigation
Health and Safety Employment Law Criminal Law Asbestos Exposure Employer Duty of Care Contractor Liability Reckless Disregard Mitigation

Case Brief

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Parties

Grand Hotel Limited

First Defendant

Swift Property Services Limited

Second Defendant

Stevtom Limited

Third Party (mentioned)

Procedural Posture

Criminal Prosecution / Judgment

Legal Issues

  1. 1 failure to protect employees from asbestos exposure
  2. 2 reckless disregard for safety regulations
  3. 3 adequacy of employer precautions

Ratio Decidendi

Both defendants breached their duty to protect employees from asbestos exposure; ignorance and recklessness are not excuses. Substantial fines are imposed for reckless disregard of safety regulations.

Court Disposition

guilty plea; fines imposed

Orders

  • First Defendant fined £12,000 and ordered to pay prosecution costs not exceeding £3,000.
  • Second Defendant fined £6,000 on Count 1, £6,000 on Count 2, £3,000 on Count 3 (total £15,000) and ordered to pay prosecution costs not exceeding £3,000; fines to be paid within 18 months.