AG -v- Ommaroo Hotel and The Plumbing Co [2010] JRC 145 (06 August 2010)

AG -v- Ommaroo Hotel and The Plumbing Co [2010] JRC 145 (06 August 2010)

Both defendants failed to take adequate steps to protect workers from asbestos exposure, but mitigation factors and subsequent actions justify reduced fines.

Citation
[2010] JRC 145
Parties
Defendant: Ommaroo Hotel Limited; Defendant: The Plumbing Company Limited
Jurisdiction
Jersey
Judgment Date
06 August 2010
Procedural Posture
Criminal / Sentencing
Outcome
conviction and fines imposed
Legal Topics
Asbestos, Workplace Safety, Corporate Liability
Health and Safety Criminal Law Asbestos Workplace Safety Corporate Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Ommaroo Hotel Limited

Defendant

The Plumbing Company Limited

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 failure to ensure safety regarding asbestos during refurbishment
  2. 2 adequacy of mitigation and steps taken post-incident
  3. 3 appropriate level of fines given financial position

Ratio Decidendi

Both defendants failed to take adequate steps to protect workers from asbestos exposure, but mitigation factors and subsequent actions justify reduced fines.

Court Disposition

conviction and fines imposed

Orders

  • Ommaroo Hotel Limited fined £10,000 and ordered to pay £2,000 costs, payment within 28 days.
  • The Plumbing Company Limited fined £7,500 (Count 1: £3,000, Count 2: £3,000, Count 3: £1,500) and ordered to pay £1,000 costs, payment within 8 months.