Developers guilty of ‘ignoring risks’ after man was killed by falling window
It happened at the luxury Corniche tower block on London's Embankment in 2018
Developers have been found guilty of ignoring “foreseeable risks” after a man was killed by a falling window pane, while a luxury architecture firm was cleared of the same charge.
Mick Ferris, 53, was crushed when a window fell 26 storeys from the penthouse of The Corniche, a tower block on London’s Embankment, on October 2 2018.
Mr Ferris was a driver for Clarkes of London and had been returning to his coach, parked on the road opposite, when the glass fell 300ft at 10.40am.
Foster + Partners, the architecture firm behind The Gherkin; St James Group Ltd, a large property developer; Lindner Prater Ltd, specialist contractors; and Wintech Ltd, engineering consultants; were all on trial for “failing to discharge a duty” under section 3(1) of the Health and Safety at Work Act 1974.
At Inner London Crown Court on Thursday, jurors unanimously cleared Foster + Partners and Wintech, after just over 11 hours of deliberation.
St James and Lindner Prater were found guilty and will be sentenced on September 24.
The same thing had happened to a window there the year before
During the trial, the court heard the “extraordinary” fact that a window panel had already fallen from the same development in August 2017, and the design was not substantially changed as a result.
Prosecuting, Gordon Menzies said: “It’s reasonably practicable for clever people to do a simple thing and design a window that doesn’t fall out once every year.”
St James Group Ltd took up the role of “principle designer” in 2015, which meant it had a “duty to co-ordinate matters in relation to health and safety”, the court heard.
Foster + Partners, which is behind some of the world’s most iconic buildings, was responsible for the initial designs of the Corniche.
It argued its role did not extend to the technical aspects of the design once the building was in development.
Jurors were told the final design of the window of the Corniche was “not safe” because it opened outwards and was held in place by a single metal “restrictor”, so could be prised off by the wind.
The prosecution said the developers failed to use the first falling window as a reason to “go back to the drawing board”.
Mr Menzies said construction workers were told “not to open the windows at all”, and small written warnings were put up next to the windows for residents.
“Effectively the designers were hoping the residents would not forget to close their windows,” he said.
Window design changed after Mr Ferris' death
The window pane which killed Mr Ferris weighed 130kg and was roughly 85cm wide and 190cm tall, and it fell about 300ft.
It was not until after Mr Ferris’s death that the design was revisited, and returned to using inward-opening windows.
The Health and Safety Executive senior enforcement lawyer James Towey said: “We acknowledge the jury’s verdict and thank them for their service during what was a lengthy and complex trial.
“It is hoped the two convictions provide some comfort to Mick’s family. Our thoughts remain with them at this time.”
A spokesperson for St James Group Ltd said: “The death of Mick Ferris in 2018 was tragic. Our thoughts remain with his family and friends. We acknowledge today’s verdict and will carefully consider its implications.”
A Foster + Partners spokesperson said: “Our thoughts remain with Mr Ferris’s family, as they have since October 2018. We note the court’s decision and are grateful to the jury for the time and care they have taken in considering this matter.”
A Wintech Ltd spokesperson said: “While the court has reached its conclusion, the tragedy of what happened remains. It is vital that we continue to reflect and learn, and as an industry, remain committed to strengthening standards and practices to help prevent such incidents in the future.”
Lindner Prater Ltd has been contacted for comment.
The Corniche is listed as an “exclusive riverside address” made up of 252 two, three, and four-bedroom apartments.