The architecture firm Foster + Partners is on trial for allegedly ignoring "foreseeable risks" that led to the death of a coach driver when a window pane fell from a luxury tower block. Mick Ferris, 53, was killed instantly on October 2, 2018, when a 130kg window pane dislodged from the 27-storey Corniche tower in Vauxhall, south-west London.
Ferris, a driver for Clarkes of London, had been returning to his parked coach opposite the building when the glass pane fell approximately 300 feet from the penthouse. The incident occurred less than a year after a similar window panel had fallen from the same development in August 2017, yet no design changes were made, the Inner London Crown Court heard.
Foster + Partners, known for designing The Gherkin, is charged with failing to discharge a duty under Section 3(1) of the Health and Safety at Work Act 1974. Three other companies involved in the development, Lindner Prater Ltd, Wintech Ltd, and St James Group Ltd, face the same charge.
Prosecutors argue that the outward-opening window design, secured by a single metal restrictor, posed a significant risk. Gordon Menzies, prosecuting, told jurors that the original design featured inward-opening windows, which he described as a safer approach. The prosecution's case is that the final design was unsafe, creating a serious risk that wind gusts could pry the windows from their hinges, with no effective failsafe or reliable backup.
Menzies stated that after the first window fell, the developers failed to reassess the design. An email sent to Foster + Partners following the initial incident reportedly raised concerns about future window failures. "It's reasonably practical for someone in Fosters' position when someone is querying your design to actually go back and look at it properly," Menzies said.
Despite warnings to construction workers not to open the windows and small notices placed for residents, the prosecution highlighted eight "missed opportunities" to address the risk. "Effectively the designers were hoping the residents would not forget to close their windows," the prosecutor told the court.
The design was not revisited and returned to inward-opening windows until after Ferris's death. The prosecution contends that the companies had a duty to eliminate risk "so far as was reasonably practical," but failed to do so. "Rather than stick to a safe and simple approach, they sought to rely on a much more difficult and dangerous approach," Menzies said.
Foster + Partners and St James Group Ltd are expected to dispute who was responsible for the decision to install outward-facing windows. St James Group Ltd served as the 'principal designer' in 2015, with a duty to coordinate health and safety matters.
Mick Ferris, who was a West Ham fan from Kent, was known for his rapport with passengers he transported from Rochester to Victoria each morning. A colleague described his death as "devastating," noting it occurred just a week before he was due to go on holiday with his wife, Rachel. Ferris's son, Daniel, expressed his grief on Facebook, calling his father his "life long idol."
The Corniche is described as an "exclusive riverside address" comprising 252 apartments. The trial is ongoing.