AG -v- Constructions Industrielles and Spie [2012] JRC 220 (23 November 2012)

The accident was preventable and occurred due to failures in joint health and safety systems and communication between the two companies, warranting a significant fine regardless of company size or wealth.

Citation: [2012] JRC 220
Parties: Defendant: SBC; Defendant: CNIM
Jurisdiction: Jersey
Judgment Date: 23 November 2012
Procedural Posture: Criminal Prosecution / Judgment
Outcome: conviction and fine
Legal Topics: Workplace Safety, Corporate Liability, Industrial Accidents

Health and Safety Criminal Law Workplace Safety Corporate Liability Industrial Accidents

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 2

Parties

SBC

Defendant

CNIM

Defendant

Procedural Posture

Criminal Prosecution / Judgment

Legal Issues

1 Whether the defendants failed to implement adequate health and safety measures resulting in a preventable workplace accident
2 Whether the size or wealth of the defendant companies should affect the quantum of fine

Ratio Decidendi

Court Disposition

conviction and fine

Orders

Each defendant fined £25,000
Each defendant to pay £2,500 towards costs of investigation and prosecution, payable within one month