1998/36 - AG v Ashfield Builders [1998] UR 36 (20 February 1998)
The defendant company failed to adequately address the dangers posed by mains gas and live electrical supply, breaching statutory duties and established safety guidance, warranting fines for each charge.
- Citation
- [1998] UR 36
- Parties
- Defendant: Unknown Defendant Company; Prosecutor: Crown
- Jurisdiction
- Jersey
- Judgment Date
- 20 February 1998
- Procedural Posture
- Criminal / Sentencing
- Outcome
- fined and ordered to pay costs
- Legal Topics
- Workplace Safety, Contractor Duties, Excavation Hazards, Gas and Electrical Safety
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 6
Parties
Unknown Defendant Company
Defendant
Crown
Prosecutor
Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 Whether the defendant company breached its statutory duties under the Health and Safety at Work Jersey Law 1989
- 2 Whether the defendant company failed to follow established safety guidance regarding excavation and demolition
Ratio Decidendi
The defendant company failed to adequately address the dangers posed by mains gas and live electrical supply, breaching statutory duties and established safety guidance, warranting fines for each charge.
Court Disposition
fined and ordered to pay costs
Orders
- Fine of £4,000 on charge 1
- Fine of £4,000 on charge 2
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