Two firms guilty over man killed by falling window pane

Two companies have been found guilty of breaching health and safety regulations following the tragic death of a coach driver caused by a falling window pane. Mick Ferris, aged 53, lost his life in October 2018 when a heavy glass panel weighing 130 kilograms dropped from a height of approximately 90 meters at The Corniche penthouse apartments on Albert Embankment, central London.

The prosecutions of St James Group Ltd and Lindner Prater Ltd, specialist contractors, concluded at the Inner London Crown Court with convictions for failing to fulfill their duties under the Health and Safety at Work Act 1974. Sentencing for both companies is scheduled for 24 September. Meanwhile, Foster + Partners, the renowned architecture firm responsible for The Gherkin, and Wintech Ltd, the engineering consultants involved, were acquitted of similar charges.

During the proceedings, it emerged that a similar incident involving a falling window had already occurred in August 2017 at the same building, yet no significant redesign was undertaken. Prosecutor Gordon Menzies highlighted the preventability of the tragedy, stating, “It’s reasonably practicable for clever people to do a simple thing and design a window that doesn’t fall out once every year.” Evidence revealed that the window’s design allowed it to open outward and be secured by a single metal restrictor, making it vulnerable to being forced off by the wind. Despite the earlier incident, the developers did not reconsider the design, opting instead to instruct workers not to open windows and placing small written warnings for residents. Mr. Menzies remarked, “Effectively, the designers were hoping the residents would not forget to close their windows.” It was only after Ferris’s death that serious redesign efforts were initiated.

At the heart of the legal findings was St James Group’s role as “principal designer” since 2015, which carried responsibility for coordinating health and safety matters. Foster + Partners maintained that their involvement was limited to the initial design phase and did not extend to technical aspects during construction. The Corniche development, completed in 2017 and described as an exclusive riverside address comprising 252 apartments, became the focus of scrutiny due to these safety failures.

In response to the verdict, James Towey, senior enforcement lawyer at the Health and Safety Executive, acknowledged the jury’s decision and expressed sympathy for the victim’s family, saying, “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.” Representatives for the involved companies also issued statements expressing condolences and reflecting on the lessons to be learned. A spokesperson for St James Group 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.” Foster + Partners similarly conveyed, “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.” Wintech emphasized the importance of ongoing reflection and commitment to improving industry standards to prevent similar tragedies, stating, “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 has yet to provide a comment

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