NEW FERRY GAS EXPLOSION AND THE FIRM FIGHTING FOR JUSTICE
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NEW FERRY GAS EXPLOSION AND THE FIRM FIGHTING FOR JUSTICE
On 25th March 2017 , a huge gas explosion occurred on Bebington Road , New Ferry , Merseyside resulting in a number of casualties , with injuries ranging from minor to very severe , as well as those who lost their homes and businesses .
Phoenix Solicitors of Argyle Street , Birkenhead , represent 62 of the 66 people affected by the blast .
The gas explosion was the result of a deliberate act by Pascal Blasio , whose business ; a furniture shop ( Homes in Style at 43 Bebbington Road ) was allegedly on the verge of bankruptcy . Mr Blasio had hoped to claim on his insurance for a fire to his premises and therefore deliberately caused gas to escape into the premises , by removing a cap from a blanked off gas pipe ( the supply having been allegedly disconnected ) and turning on the emergency stop , which he then ignited by means of an electric fire , left on , within the shop .
In October 2019 , Pascal Blasio was convicted at Liverpool Crown Court of deliberately causing the explosion with intent to endanger life by tampering with the gas supply to the premises on Bebington Road , and fraud involving an insurance claim for which he received a substantial term of imprisonment 20 years in prison .
The First Defendant , Contract Natural Gas Ltd , pleaded guilty at Liverpool Crown Court in January 2019 , to an offence under the Gas Safety ( Installation and Use ) Regulations 1998 receiving a fine of £ 320,000 and were ordered to pay £ 50,000 towards prosecution costs . However , they now deny liability in the civil claims and blame Cadent Gas .
Here we look at what happened , and who , as well as Mr Blasio , is to blame for the explosion ?
Alisha Butler Director of Phoenix Legal Limited commented “ We are bringing claims against four defendants , Contract Natural Gas , Cadent Gas , QBE Insurance and Aviva Insurance both of whom are the insurers for Contract Natural Gas who have since gone into liquidation . The reason for this is because Contract Natural Gas and Cadent Gas had a duty under the Regulations to carry out certain tasks to make sure the premises were safe , they failed to do this , by their own admissions and therefore we are holding them responsible ”.
By way of background Alisha confirmed that Contract Natural Gas were the gas supplier to Mr Blasio ’ s furniture shop , 43 Bebbington Road , which is supplied by reference to a Meter Point Reference Number ( MPRN ) which is used to track a metered live gas connection and is a unique number given to each gas supply meter point . There can be multiple meter points at one address , for example a block of flats . The MRPN therefore defines the location of the supply and not the property address .
Cadent Gas were the gas transporter to Mr Blasio ’ s furniture shop . They own , operate and maintain the gas distribution network , they were previously known as National Grid Gas Distribution and represent 4 of the 8 gas distribution networks in Great Britain . They are responsible for the safe and efficient transportation of gas to the end user . As a gas transporter , Cadent Gas , hold a licence under the terms of the Gas Safety Installation and Use Regulations 1988 ( Reg 16b ), under which they have to comply with various duties , including making pipes / supply safe . The Solicitors acting for Cadent Gas , accept that Cadent Gas failed to make it safe .
Contract Natural Gas supplied the gas , via Cadent pipes . By virtue of the Gas Safety Installation and Use Regulations 1988 , it is understood that the statutory responsibility for ensuring that the gas supply is made safe rests with the gas supplier , e . g . Contract Natural Gas , who it appears , in accordance with industry standards then delegate the actual task to Cadent as ‘ pipe owner ’ and who in practice carry out disconnections .
Having disconnected a supply Contract Natural Gas and any other gas supplier would then contact Xoserve the central registry , holding the MPRN to update them .
When a supply is disconnected , the gas transporter , in this case Cadent , asks Xoserve for documentation and information regarding the meter , in order to attend the property and disconnect the supply .
The relevant Meter point was located at 43 Bebbington Road , New Ferry .
On or about 22 August 2012 , the Contract Natural Gas removed the gas meter from the premises at 43 Bebington Road , and on or around the 29th August 2012 notified Xoserve of the removal . Contract Natural Gas did not advise Xoserve that the relevant meter point was at 43 Bebbington Road .
Following the removal of the gas meter , the gas supply to the premises should have been disconnected within the next 12 months by Contract Natural Gas . The gas supply was not disconnected thus allowing gas to escape following Pascal Blasio ’ s actions thereby leading to the explosion .
Xoserve notified Cadent Gas on 23.05.2013 , of all meters removed within the previous 9 months and almost 4 years prior to the index event .
On or around the 4th June 2013 Cadent Gas attended 41 Bebington Road and incorrectly updated the Xoserve database that the meter point was dead . They did not disconnect the supply at 43 . Cadent Gas , therefore , did not locate the supply at 43 and failed to make the supply safe .
Contract Natural Gas and Cadent Gas say that despite their mistakes the actions of Pascal Blasio constitute a novus actus interveniens such that the chain of causation flowing from any breach of duty was broken . Novus actus interveniens simply means , a new act that results in the break in chain of events that they could not foresee and therefore makes them no longer liable for what happened .
Alisha summarised that : “ We do not accept that the actions of Mr Blasio broke the chain of causation , and we say that had both Contract Natural Gas and Cadent Gas followed their duties Mr Blasio would not have been able to do what he did , and it is foreseeable that someone would try to cause an explosion , or the regulations would not be in place .
The claims are currently being pursued in Liverpool High Court district registry with a trial date provisionally set for January 2025 , for a decision on the liability of Contract Natural Gas and Cadent Gas .
Directions have been given to all parties and we are now at the stage whereby we will be instructing an expert in Gas Safety to comment on the Regulations and duty owed to the public by both Contract Natural Gas and Cadent Gas . Once we have our report , Contract Natural Gas and Cadent Gas , who will also be getting their own expert evidence , will need to send us copies of their report and the experts will meet to prepare reports and set out the differences . The matter will then go back before the Judge for evidence and a decision by the Judge as to whether Contract Natural Gas and / or Cadent Gas failed in their duties and if so , whether they are liable for the allowing the explosion to happen .
It is a long process , and we hope that we can get justice for all our clients , many of whom lost their homes and / or businesses ”.
22 wirrallife . com