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Bridge Line Demolition Ltd v Health & Safety Executive for Northern Ireland (Improvement and Prohibition Note Appeal) [2002] NIIT 1063_02 (6 December 2002)

THE INDUSTRIAL TRIBUNALS

CASE REF: 1063/02

APPLICANT: Bridge Line Demolition Limited

RESPONDENT: Health & Safety Executive for Northern Ireland

DECISION

The parties having agreed in writing upon the terms of the decision to be made by the Tribunal upon the hearing of the Appeal the Tribunal pursuant to the provisions of the Industrial Tribunals (Improvement and Prohibition Notices Appeals) Rules of Procedure 1996 has unanimously decided the appeal, in accordance with the terms of the said agreement between the parties namely:

1. The Prohibition Notice of 3 May 2002 is affirmed with the following modifications:-

The Notice shall be modified to reflect the fact that it was not a relevant notice for the purpose of the Environment and Safety Information (NI) Order 1993 by deleting the word "yes" on the penultimate line on page 1 of the Notice.

2. It is noted and accepted by the HSENI (the Respondent herein) that the circumstances giving rise to the service of a Prohibition Notice on 3 May 2002 were due entirely to the fault of a third party and not attributable in any way to the negligence or breach of duty of Bridge Line Demolition Limited (the Appellant herein).
3. It is further noted that the Prohibition Notice of 3 May 2002 stands discharged by reason of the complete and prompt compliance therewith by Bridge Line Demolition Limited.
4. There is to be no Order for costs in relation to the said appeal.

Appearances:

The Applicant was represented by Mr P McLaughlin, Barrister-at-Law, instructed by Elliott Duffy Garrett, Solicitors.

The Respondent was represented by Mr B Valentine, Barrister-at-Law, instructed by the Departmental Solicitor's Office.

At the outset of the hearing of the Appeal the parties indicated to the tribunal that they had reached an agreement and asked the tribunal to decide the said appeal in accordance with the terms of said agreement pursuant to the provisions of the Industrial Tribunals (Improvement and Prohibition Notices Appeals) Rules of Procedure 1996. The Tribunal having been satisfied that it could do so pursuant to the said rules agreed to decide the said appeal in accordance with the terms of the said agreement whenever the said terms had been agreed in writing. The Tribunal was subsequently provided by the parties with a copy of the written agreement and which is attached to this decision, marked 'ND1'.

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Date and place of hearing: 6 December 2002, Belfast

Date decision recorded in register and issued to parties: