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March 8, 2013

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Fatal-blast pie firm not in a position to pay £250,000 fine

A pie manufacturer currently in administration has been ordered to pay fines and costs of £375,000 after a gas explosion in an industrial bakery oven killed one worker and seriously injured another.

Huddersfield-based Andrew Jones Pies, which fell into administration in 2011, was sentenced today (8 March) at York Crown Court. Imposing the penalty, the judge said the company had “failed dismally” and that, although he understood it was not in a position to pay the £250,000 fine and £124,896 costs, the sentence reflected the level of the firm’s failings.

According to the Huddersfield Examiner, assets of Andrew Jones Pies Ltd have since been sold to a new company called AJ Pies and Pastries Ltd, which has retained some of the same staff.

The court heard that David Cole, a supervisor, had started work early at the site in Old Leeds Road, on 10 April 2009. He tried to light two large ovens prior to other workers arriving, but one of them, which was around 30 years old, apparently failed to light.

It is believed he was unaware that an increasing amount of gas was building up to a critical flashpoint inside the baking chamber and, at around 5am, it exploded, killing Mr Cole, injuring his colleague, Marcus Cartwright, and causing severe damage to the building.

The judge attributed no blame to Mr Cole – who had worked at the firm for 12 years – describing the incident as an ongoing situation rather than an isolated event.€

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Andrew
Andrew
11 years ago

Totally agree.

How about starting one of those petition on the House of Commons website or Number 10 website? Once they reach a certain point it has to be debated.

Facebook, twitter, social media. Lobby MP’s. It’s very hard to argue against it from a natural justice point of view.

David
David
11 years ago

Andrew Jones Pies Ltd. and AJ Pies and & Pastries Ltd. – I suppose this is just coincidence and that the original company was not put into administration in order to avoid the fine…?

Kenpatrick
Kenpatrick
11 years ago

I suppose the proper control measure is too expensive for just a bakery.
“The advent of improved gas control systems means that in many cases explosion relief is not now fitted to combustion plant”
http://www.hse.gov.uk/comah/sragtech/techmeasexplosio.htm

Paul
Paul
11 years ago

Have the owners of this company really ‘discharged’ their liability for the fine by winding up AJ Pies Ltd and forming Andrew Jones Pies and Pastries Ltd???
……………………oops the names are so similar that I beleive even I have mixed them up.

Paul
Paul
11 years ago

Well said David S. My initial thoughts exactly when reading the article. Why can companies liquidate to avoid prosecutions/fines, and then start trading again as another company? Good old Joe Public cannot go bankrupt to achieve the same. Any political party want my vote? Sort this out for starters.

Safeteenet
Safeteenet
11 years ago

I agree with other commentators that it has almost become the norm for a company to voluntarily go bust when facing a hefty fine. The answer might be to change the law to ‘bundle’ both future liabilities and the assets when being ‘bought out’. At least we would get the fines paid then. I somehow doubt the Inland Revenue are ‘cheated’ out of their dues by this mechanism so there may be a precedent for the government to follow.

Toni2Has
Toni2Has
11 years ago

Yet another opportunity missed in making legislation to ensure when a company’s Directors decide to go into administration, they are personally held responsible for consequences of their company’s acts and omissions whether a “controlling mind” or not at the time. No doubt legal eagles will dispute this approach and I hate to say it most members of the public would wish a more “common sense” approach is taken in persuing potentially guilty parties and preventing escape through administration