AG v K-Lok Scaffolding Limited [2019] JRC 044 (22 March 2019)

AG v K-Lok Scaffolding Limited [2019] JRC 044 (22 March 2019)

The defendant company fell substantially short of the appropriate standard required by law, exposing the public to a high risk of serious or fatal harm by failing to implement adequate safety measures during scaffolding works in a busy public area. The seriousness of the breach and the company's means justified a fine of £30,000 and costs of £3,000, with 12 months allowed for payment.

Citation
[2019] JRC 044
Parties
Defendant: [Defendant Company]
Jurisdiction
Jersey
Judgment Date
22 March 2019
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence
Legal Topics
Workplace Safety, Corporate Liability, Sentencing
Criminal Law Health and Safety Law Workplace Safety Corporate Liability Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

[Defendant Company]

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant company failed to ensure, so far as is reasonably practicable, that persons not in its employment were not exposed to risk to their health and safety under Article 5(1) of the Health and Safety at Work (Jersey) Law 1989.

Ratio Decidendi

The defendant company fell substantially short of the appropriate standard required by law, exposing the public to a high risk of serious or fatal harm by failing to implement adequate safety measures during scaffolding works in a busy public area. The seriousness of the breach and the company's means justified a fine of £30,000 and costs of £3,000, with 12 months allowed for payment.

Court Disposition

conviction and sentence

Orders

  • Fine of £30,000 imposed on the defendant company.
  • Costs of £3,000 ordered.