Att. Gen. v Alfa Ground Works [2013] 2 JLR 458 (19 November 2013)

Att. Gen. v Alfa Ground Works [2013] 2 JLR 458 (19 November 2013)

Leave was granted because it was in the public interest to highlight employers' obligations under health and safety law, notwithstanding the company's liquidation.

Citation
[2013] 2 JLR 458
Parties
Applicant: Attorney General; Respondent: Alfa Ground Works
Jurisdiction
Jersey
Judgment Date
19 November 2013
Procedural Posture
Application for Leave / Preliminary/interlocutory
Outcome
leave granted
Legal Topics
Breach of Statutory Duty, Company in Liquidation, Leave to Proceed Against Company, Public Interest in Health and Safety
Employment Law Company Law Health and Safety Breach of Statutory Duty Company in Liquidation Leave to Proceed Against Company Public Interest in Health and Safety

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Parties

Attorney General

Applicant

Alfa Ground Works

Respondent

Procedural Posture

Application for Leave / Preliminary/interlocutory

Legal Issues

  1. 1 Whether leave should be granted under Companies (Jersey) Law 1991, art. 159(4) to commence or proceed with action against a company in creditors' winding up
  2. 2 Whether public interest justifies prosecution for breach of Health and Safety at Work (Jersey) Law 1989

Ratio Decidendi

Leave was granted because it was in the public interest to highlight employers' obligations under health and safety law, notwithstanding the company's liquidation.

Court Disposition

leave granted

Orders

  • Leave granted to the Attorney General to commence or proceed with action against Alfa Ground Works under Health and Safety at Work (Jersey) Law 1989