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HSE v Persimmon Homes: John Cooper & Dominic Kay successfully defend Persimmon Homes

HSE v Persimmon Homes – Northampton Crown Court – 2 April 2013

John Cooper and Dominic Kay successfully defended Persimmon Homes at Northampton Crown Court. The case concerned the fatality of a four year old child who died when a fireplace collapsed. The company had consistently denied that they had any involvement in the collapse and that there was no  breach of any duty. After a series of preliminary hearings the Prosecution agreed that unused material disclosed (as a result of two defence applications) showed that the HSE were trying to apply higher standards to the company that those applied to other house builders. No evidence was offered against the company thereby avoiding a four week trial. Not guilty verdicts were recorded and the company received its costs from central funds.

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