QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
|DILISSER ROY BERNARD||(CLAIMANT)|
|DUDLEY METROPOLITAN BOROUGH COUNCIL||(FIRST DEFENDANT)|
|DUDLEY MAGISTRATES' COURT||(SECOND DEFENDANT)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
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(Official Shorthand Writers to the Court)
MR ROBIN GREEN (instructed by Dudley Metropolitan Borough Council Legal Services, Dudley, DY1 1HL) appeared on behalf of the FIRST DEFENDANT
The SECOND DEFENDANT did not appear and was not represented
Crown Copyright ©
"The use of Friskies' schedules is common in cases brought by the HSE adopting the practice advised by the Court of Appeal. No such document has been provided in this case and the Defendant is, accordingly, ignorant of the way the case is to be made. The service of a Case Summary and information of any aggravating features relied upon is essential material for the assistance of the Court and the Defendant at a mode of trial hearing."
"This case illustrates that problem very well and we recommend, that in this type of case, when the Health and Safety Executive commence proceedings, it should list in writing for the assistance of the court not merely the facts of the case, but the aggravating features, as set out in the Howe case, which it says exist in the particular case."
Far from complying with that recommendation, the prosecuting authority steadfastly refused to provide particulars. They contended, and indeed, even to this day, continue to contend, that it was sufficient to serve the informations together with the prosecution statements.
"Whilst on site I was concerned to note that the door at that prohibited access to the building work had been opened overnight allowing free movement within this area."
That, it is said by Mr Green, is the evidence relied upon to justify the third particular: namely, putting in place an effective barrier preventing access to work areas.
"Also I believe that we need extra staff to assist with the residents whilst work carries out so we can assure their well being. Not reduce staff ratio as memoed by yourself."