AG v D B Cummins (Jersey) Limited and D B Cummins [2007] JRC 159 (17 August 2007)

The company failed to take all practical precautions to avoid danger from collapse during demolition and failed to provide adequate fall protection, breaching the Health and Safety at Work (Jersey) Law 1989. The managing director should not have been prosecuted separately as he is effectively the company and will bear the fine.

Citation: [2007] JRC 159
Parties: Defendant: The Company; Defendant: Mr Cummins; Prosecutor: Prosecution
Jurisdiction: Jersey
Judgment Date: 17 August 2007
Procedural Posture: Criminal / Sentencing
Outcome: conviction and fines against the company; no penalty or costs against Mr Cummins personally
Legal Topics: Workplace Safety, Corporate Liability, Director Liability, Demolition Safety

Health and Safety Criminal Law Workplace Safety Corporate Liability Director Liability Demolition Safety

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Parties

The Company

Defendant

Mr Cummins

Defendant

Prosecution

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

1 failure to take practical precautions to avoid danger from collapse during demolition
2 failure to provide adequate fall protection
3 personal liability of managing director

Ratio Decidendi

Court Disposition

conviction and fines against the company; no penalty or costs against Mr Cummins personally

Orders

fine of £15,000 for charge 1 against the company
fine of £2,500 for charge 2 against the company