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spud  
#1 Posted : 30 November 2009 14:51:47(UTC)
Rank: Forum user
spud
Hi, Learned Friends

I wondered if anyone could help me by pointing me in the direction of, or tell me details of any case law where a company/client or FM company has been prosecuted and fined for not ensuring the competence of a said contractor please.

Alan
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Jane Blunt  
#2 Posted : 30 November 2009 14:58:35(UTC)
Rank: Super forum user
Jane Blunt
I did come across one many years ago. The reference is somewhere at home - no guarantees that I can find it.

It concerns a company that hired a scaffolding contractor to put up a scaffold in a busy street.

The scaffolding was poorly constructed and fell down, injuring a member of the public.

The scaffolding contractor was prosecuted successfully.

The company that hired them was also prosecuted. Once it had been shown that the scaffolding contractor was incompetent the spotlight fell on them to show how they had selected a competent contractor for the job. They were unable to satisfy the court.

Jane
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martinw  
#3 Posted : 30 November 2009 15:08:09(UTC)
Rank: Super forum user
martinw
Wotcha Spud

can indeed - Zeneca Ltd, S3 HASAWA, HSE ref F170000328 (01/06/01) - person injured during demolition, poor subcontractor competence

Mohamed Rafiq - prosecuted for failing to provide technical information or instruction to a builder instructed to demolish a building. Also failed to check builder's competence. HSE ref F230000439 (28/07/04)

Info taken from public database by HASTAM. Comments above regarding the cases are verbatim and not my opinions!

http://www.hastam.co.uk/...ntries-searchresults.php

Cheers

Martin
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John Murphy  
#4 Posted : 30 November 2009 15:46:19(UTC)
Rank: Forum user
John Murphy
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martinw  
#5 Posted : 30 November 2009 15:47:37(UTC)
Rank: Super forum user
martinw
And, Spud, if you go to the same HASTAM database, start a new search and put in asbestos, you will be amazed how many have been prosecuted regarding competence.
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spud  
#6 Posted : 01 December 2009 15:33:00(UTC)
Rank: Forum user
spud
Thank you very much for the help, it is very much appreciated.
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