Electrical matters in UK Courts

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In another thread, which went way off-topic ....
As I have said the court cases be it Pembrokeshire County Council Trading Standards v Mark Cummins or the Emma Shaw have produced results which don't seem to follow what would have been expected.
These cases don't really have anything to do with what we were discussing ('the courts' being the only 'people' who could rule on the technical interpretation of unclear legislation/regulations).

The first (fairly recent) of those cases was probably essentially matter of 'fraud' or, at best, of the provision of a 'professional service' that was neither competent nor remotely "fit for purpose". The second (many years old) case was essentially about procedural deficiencies/incompetence - so, again, essentially a case of a 'professional service' that was neither competent nor "fit for purpose".

Courts are certainly unpredictable (particularly if/when juries are involved!). It's 'interesting' to note that the former case you mentioned (which, as far as I can make out, involved no injury, let alone death, nor any damage to property) resulted in a penalty (fine) which was 50% greater (160% greater if one includes costs and the 'Statutory Surcharge") than that in the latter case you mentioned, in which the acts that resulted in conviction had resulted in the death of a young woman.

However, back to 'topic', in neither of those cases was a court asked to rule about the technical interpretation of legislation/regulations, and I seriously doubt that a court will ever be asked to do that, whether the perpetrator is an electrician or a 'DIYer'. Apart from anything else, it is very unlikley that a court would have the technical competence to rule on such matter - so they would probably have to turn to 'expert witnesses', whose opinions would quite probably vary!
To my mind I would not expect work commissioned by one home owner with an EICR to be transferable to a new home owner, this is the whole reason why they said every 10 years or change of occupant ...
The current legislation for rented accommodation obviously says 5 years. It probably would make sense to require an inspection on change of tenant, since that at least gives reassurance to the new tenant (despite what the previous tenant may have done!).

I'm not sure what you are saying about transferability of an EICR to a "new home owner". If you literally mean "owner" (i.e. landlord), then I don't see why such an (unusual) change would require a new EICR.
To date I know of no court case where a DIY person has done some thing electrical in their own home, I am sure there must be, but it seems courts are used to bring professionals to task, and landlords/ladies. ... Unless you know of a case where the home owner has been fined with an owner occupied home?
As above, in terms of asking a court to rule on technical interpretation of legislation/regulations (relating to electrical matters), I doubt that it ever has, or every will, happen, either in relation to a professional electrician or DIYer.

As you have often said, individual issues are only likely to get to court (certainly criminal court) if/when someone is injured (or killed), or perhaps if property (of someone else) significantly damaged/destroyed. However, if negligent/incompetent activities result in such injury, death or property damage, then there is nothing special about electrical matters - the prosecution would be just the same as if the negligence/incompetence resulting in those outcomes had been due to gas, plumbing, structural or whatever matters.

Kind Regards, John
 
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I would agree the County Council Trading Standards v Mark Cummins case it seems Mark Cummins did nothing, just produced an EICR without really looking at the home to allow the vendor to sell the property. However the report I have read seems rather lacking in details.
Electriciansforums said:
After a visual inspection and conducting some tests, Mr Morley concluded that the electrics were unsatisfactory, advising of a complete re-wire and to report the matter to STROMA, the certification body of which Mr Cummins was a member at the time.
I have looked as STROMA and they don't seem to be a certification body, so some thing seems wrong.
But
Electriciansforums said:
Mr Cummins pleaded guilty to an offence under the Consumer Protection from Unfair Trading Regulations 2008 of engaging in a commercial practice which was misleading action, by describing the general condition of the electrical installation of a property as satisfactory which was untruthful.
So in real terms since he pleaded guilty all the court did was to set the fines.

The Emma Shaw case was very different, clearly some one had to go to a lot of work to find out exactly what happened.

However most cases are settled out of court, as was mine, my safety locks were removed, and the machine turned on, which mauled my hand, there were two people involved, another electrician and the foreman as with the Emma Shaw case the foreman got the blame, but I never did find out exactly what happened.

The foreman was asked to resign, which it seems he did, but this then resulted in a case of unfair dismissal, so the foreman was advised not to speak to me, the electrician it seems had mental problems after the accident and if anything was worse off than me, which makes me think he did some thing he should not have done. The firms insurance paid me, I thought at the time I had done well, however the injuries got worse, so I never worked for money again.

Speed is a problem with my injuries, and also how long I can work, as a volunteer this is not a problem, when I have had enough I go home, and no one worried that I am slow, but until I had officially retired I could not do volunteer work.

The safety officer came to visit me in hospital, first question was why were you doing that job it was not your job, answer was I was told I must do it, next was did you tell the foreman, answer yes I refused the job, he said no option I must do it. So there was no argument I suppose they could not blame me.

Thinking about my own misfortune I wonder what really happened in the other two cases, with Emma Shaw work done 2006, the accident was December 2007 so a year at least after the work was done, and case reported March 2014 some 7 years latter. It seems many errors made, electrician who left a loop of cable, plasterer who damaged cable linking it to the metal work, the plumber who did not glue the tun-dish, likely who ever selected the immersion heater thermostat as clearly no cut out, the electricians mate for fudging up some results, and clearly some one in the office for issuing a form without a signature and with electricians mates name. Even the boy friend and Emma Shaw for turning off water before the electric after seeing sparks, and today it could not happen due to use of RCD's.

It could not have been easy deciding who was at fault.

I can no longer find a link to the Cornwell landlady case, again it seems some debate as to who really was at fault, as the landlady had engaged an electrician to correct faults reported, but tenant died before he arrived, it seems the tenant knew there was a fault, and it was less than a week before she died, and the heater belonged to the tenant. Landlady it seems was in her 80's and was being pushed to let the tenant move in as quick as possible.

I wonder what I would do if some one said I made a mistake? Would I plead guilty and get it over and done with, or fight the case? Likely I would take the advice of a solicitor.

We have debated on this forum as to what should pass or fail with an EICR, I watched a video with @flameport in it where they had a video link with a collection of electricians debating RCD's and SPD's, and was surprised at how many felt code C2 for lack of SPD, it was very long, and mainly talking about commercial and industrial, as yet SPD not a requirement for all domestic, however with an EICR one could award a code C2 for wrong type of RCD never mind not having one.

Yet some including myself, although I think all installations should have RCD protection, reading the best practice guides it seems it is not a code C2 if missing.

So as a trade we have to decide jobs worth, it seems wrong, but if you can be fined thousands of pounds for passing some thing which should fail, should you take the chance? If you just upset the customer with a fail, but end up in court with a pass, then one normally works to make money, so if any debate fail it. In my case can't suck through my teeth, due to Colvid can't get new dentures and have no teeth left.
 
I would agree the County Council Trading Standards v Mark Cummins case it seems Mark Cummins did nothing, just produced an EICR without really looking at the home to allow the vendor to sell the property. However the report I have read seems rather lacking in details.
Indeed. You're probably looking at the same, or similar, to me, which merely reports...
The Court heard that Mr Cummins took less than an hour to do the inspection and issued an Electrical Installation Condition Report to the vendor the same day, containing the written statement describing the electrics in the property as “satisfactory”. ... He told the vendor a light fitting in the downstairs utility and shower room needed to be replaced but his report did not list any concerns despite estimating the electrics to be 40 years old. He charged the vendor for the report.
I have looked as STROMA and they don't seem to be a certification body, so some thing seems wrong.
It's not, but I'm not aware of any legal requirement that someone undertaking an ('ordinary') EICR has to be a member of a "[self-] certification (actually self-notification) body", are you? As far as I am aware, I could undertake an ('ordinary') EICR if anyone was prepared to take it seriously, couldn't I?
So in real terms since he pleaded guilty all the court did was to set the fines.
Indeed so
However most cases are settled out of court ...
Not criminal prosecutions, which is what we are talking about. As you imply above, the nearest one can get to that in a criminal court is to plead guilty, in which the case does not examine the question of guilt, and merely deals with sentencing.
I wonder what I would do if some one said I made a mistake? Would I plead guilty and get it over and done with, or fight the case? Likely I would take the advice of a solicitor.
Yes, good legal advice is essential, since a person may not dispute the facts (i.e. what happened) but may not understand what is necessary for them to be guilty, in law, of the crime for which they are being prosecuted. Even if one know, and admits, that one's actions have resulted in someone's death, it is not necessarily the case that they are guilty ('in law') of murder, manslaughter or necessarily any other criminal offence - a Court may, for example, feel that the killing happened as a result of 'legitimate self-defence' and/or that the death was 'accidental' etc.

I don't know if it's true, but I've heard it said that, particularly if a defendant is not legally represented (or, in the Judge's view, not 'satisfactorily' represented) a Judge may 'reject' a guilty plea if he/she is unconvinced that the defendant understands what would be necessary for them to be guilty ('in law') of the offence with which they have been charged.

I imagine that there are similar considering (making it highly desirable that one should get good legal advice) in relation to civil cases. Again, the respondent may not dispute the facts but does not necessarily understand whether they would be considered, in law, liable to pay damages with respect to whatever injury, damage or other 'loss' had occurred at least partially as a result of their actions.
We have debated on this forum as to what should pass or fail with an EICR, I watched a video with @flameport in it where they had a video link with a collection of electricians debating RCD's and SPD's, and was surprised at how many felt code C2 for lack of SPD, it was very long, and mainly talking about commercial and industrial, as yet SPD not a requirement for all domestic, however with an EICR one could award a code C2 for wrong type of RCD never mind not having one.
Well, I'm obviously not a person whose views about anything electrical necessarily deserve to be taken seriously but, for what it's worth, my personal view is that it is quite ridiculous to suggest that the absence of an SPD is "potentially dangerous and needs urgent remedial action", particularly given that I am far from convince that there is any really good reason for 'requiring them' at all (particularly in domestic premises)!
Yet some including myself, although I think all installations should have RCD protection, reading the best practice guides it seems it is not a code C2 if missing.
As you know, BS7671 says that absence of a 'required' RCD should be given "at least a C3" but, as you say, not necessarily anything 'worse' than that.
So as a trade we have to decide jobs worth, it seems wrong, but if you can be fined thousands of pounds for passing some thing which should fail, should you take the chance? If you just upset the customer with a fail, but end up in court with a pass, then one normally works to make money, so if any debate fail it.
You like thinking about court cases, but you're only thinking about criminal ones. At least in theory, if you 'fail' an installation that others would have 'passed' you could end up in a civil court defending a claim against you for damages against yourself. As I've said a good few times, in view of the 'new' legislation, it wouldn't surprise me if we start seeing that happening with some 'large' landlords if they find themselves faced with countless 'over-zealous' (or worse) EICRs, the allegedly required 'remedial action' specified in which might cost them a fortune.

Kind Regards, John
 
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Fair enough - but is not what I said still true, namely that there is no requirement for someone undertaking an 'ordinary' EICR to be a member of any self-certification/notification scheme (i.e. even I could do such an EICR)?

I say " 'ordinary' EICR " since I get a bit lost as regards the 'landlord EICRs' under the fairly recent legislation, and am therefore not totally sure as to whether there is any requirement as to who to do them (provided that they are 'competent' so to do) !

KInd Regards, John
 
There is no requirement to be a member of any scheme to do EICRs, but if the person was a member of Stroma at the time and registered with them as carrying out EICRs, then any unsatisfactory work would obviously need to be reported to them.
 
Fair enough - but is not what I said still true, namely that there is no requirement for someone undertaking an 'ordinary' EICR to be a member of any self-certification/notification scheme (i.e. even I could do such an EICR)?
Yes, that is true.


However some schemes 'allow' their registered electricians to pay more for the privilege of using their name for EICRs.

I was just indicating who they were as Eric said he couldn't find them.

As they are now part of NAPIT, I presume NAPIT has taken on responsibility for past work.
 
There is no requirement to be a member of any scheme to do EICRs ...
That's what I thought - thanks for confirming.
... but if the person was a member of Stroma at the time and registered with them as carrying out EICRs, then any unsatisfactory work would obviously need to be reported to them.
Indeed so - and that is apparently what the second electrician advised should be done - but we (at least, I) don't know whether the person was reported to Stroma at the time. In any event, I suspect that the Court will probably have reported the matter to Stroma - certainly in fields I work in, a Court automatically would report such a conviction to the relevant professional and/or regulatory authority(ies).

Kind Regards, John
 
Yes, that is true.
Thanks for confirming.
However some schemes 'allow' their registered electricians to pay more for the privilege of using their name for EICRs. .... I was just indicating who they were as Eric said he couldn't find them.
Yes, I realised that. I similarly could not find them as one of the current CPS providers - for reasons that you brought to my attention
As they are now part of NAPIT, I presume NAPIT has taken on responsibility for past work.
I would imagine so. However, as I've just written to flameport, the complainant was advised to report the electrician to Stroma at the time, so maybe she did?

Kind Regards, John
 
However, back to 'topic', in neither of those cases was a court asked to rule about the technical interpretation of legislation/regulations, and I seriously doubt that a court will ever be asked to do that, whether the perpetrator is an electrician or a 'DIYer'. Apart from anything else, it is very unlikley that a court would have the technical competence to rule on such matter - so they would probably have to turn to 'expert witnesses', whose opinions would quite probably vary!

Sorry just to dip in, but there are several specialist courts that fall under the Queen's Bench Division of the High Court, including the Technology and Construction Court:
https://www.judiciary.uk/you-and-th...ision/technology-and-construction-court/work/

It's obviously a civil court and you'd need very deep pockets but that's what they do...
 
Sorry just to dip in, but there are several specialist courts that fall under the Queen's Bench Division of the High Court, including the Technology and Construction Court: https://www.judiciary.uk/you-and-th...ision/technology-and-construction-court/work/ It's obviously a civil court and you'd need very deep pockets but that's what they do...
Thanks - it's good to have some some informed input!

I was aware of the existence of specialist courts, such as the Planning Court (not the least because, although it's not 'her area' my Daughter has spent all of her career to date in what, at least historically, is primarily a 'Planning Set'), but I was not specifically aware of the TCC.

However, maybe I've misunderstood. The judges in these specialised courts obviously have specific knowledge and experience in relation to the application of the law to the field in question, and presumably also have, and progressively increase, their knowledge and understanding in relation to the technicalities of the field itself. However, I thought, perhaps wrongly, that they would nevertheless turn to expert witnesses (rather than rely on their own knowledge) when ruling were required in relation to truly 'technical' matters. Is that not the case?

Kind Regards, John
 
One question I would ask is.

Does what is considered "reasonable" change over time, even if the law itself stays the same? Are there any precedents on this question from fields other than electrics?

Specifically, when part P was introduced everyone would have agreed that the then-current (16th with some ammendments IIRC) edition of BS7671 satisfied the “Reasonable provision shall be made in the design and installation of electrical installations in order to protect persons operating, maintaining or altering the installations from fire or injury.”

However since then new versions of BS7671 has been published introducing a bunch of new requirements (RCD protection, resistance to premature collapse) and the "approved documents" have been updated to point to newer versions (though at the time of writing not the newest version). Does that mean that what was considered reasonable when Part P was introduced is no longer considered reasonable.
 

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