Two companies have been convicted of failing to address “foreseeable risks” after a man was killed by a window pane that plunged from a luxury tower block.
Mick Ferris, 53, died on October 2, 2018, when glass fell from the penthouse level of The Corniche, a high-rise development on London’s Embankment, dropping 25 storeys before striking him.
Mr Ferris, who worked as a driver for Clarkes of London, had been walking back to his coach parked across the road when the pane fell around 300ft at about 10.40am.
Four firms stood trial accused of “failing to discharge a duty” under section 3(1) of the Health and Safety at Work Act 1974: Foster + Partners, the architecture practice behind The Gherkin; major developer St James Group Ltd; specialist contractor Lindner Prater Ltd; and engineering consultancy Wintech Ltd.
After a little over 11 hours of deliberations, jurors at Inner London Crown Court on Thursday unanimously acquitted Foster + Partners and Wintech.
St James and Lindner Prater were both found guilty and are due to be sentenced on September 24.
The trial heard that, in what was described as an “extraordinary” circumstance, another window panel had fallen from the same development in August 2017, yet the design was not significantly altered afterwards.
Prosecutor Gordon Menzies told the court: “It’s reasonably practicable for clever people to do a simple thing and design a window that doesn’t fall out once every year.”
In October 2018, Mick Ferris (pictured), 53, was crushed and killed when a 130kg window pane fell 300 feet from a 25th-storey penthouse at The Corniche, a luxury apartment building on London’s Embankment
Following a health and safety trial at Inner London Crown Court, Developer St James Group Ltd and specialist contractor Lindner Prater Ltd were found guilty of failing to manage health and safety risks under the Health and Safety at Work Act 1974 (the building is pictured)
St James Group Ltd took up the role of ‘principal 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.
The window pane which killed Mr Ferris weighed 130kg and was roughly 85cm wide and 190cm tall, and it fell about 300ft.
Mr Ferris (pictured) was known for his rapport with coach passengers, who he would ferry to London from Rochester to Victoria each morning
Architecture firm Foster + Partners and engineering consultants Wintech Ltd were cleared of all charges (pictured officials inspect the broken window)
The West Ham fan from Hoo in Kent died instantly at the scene (pictured) on October 2, 2018
It was not until after Mr Ferris’s death that the design was revisited, and returned to using inward-opening windows.
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.’
The Corniche is listed as an ‘exclusive riverside address’ made up of 252 two, three and four-bedroom apartments.
