Light fitting and insulation

The fitting below was discovered during a representative inspection of a dwelling in an estate of over 100 units. There are over 1000 of these fittings, all covered in at least one layer of glass wool type thermal insulation.

One might wonder how the warning label was missed, or perhaps ignored, so very many times. There are also issues with achieving 30min modified fire resistance for the first floor. The one in the photo is in a bathroom. The contractor smugly  defended the absence of an IP rating as the fitting was installed at a height of 2.7m, well outside the designated zones in 701. I hear this sort of comment all the time. Perhaps if guys were better tutored on Chapter 13, a more holistic attitude to design might prevail.

  • and the electrician was ordered to pay all costs

    That does not necessarily mean the whole amount spent. My solicitor tells me that 70% is typical.

    To be recoverable, costs must be proportionate to the value of the claim, but they can be so even when they exceed it. Let's not forget that they included JP's time.

  • but how did the court decide that the electrician was at fault for not working to regs?

    Before that, did the case concern professional negligence (in which case the electrician may have been insured) or contract please?

  • The work was Building Work so required compliance with the appropriate Approved Documents so Part P applied and hence BS 7617. Also the electrician was a member of a Competent Person Scheme so had to comply with BS 7671 as a condition of registration.

    I produced the manufacturers instructions for the light fitting and driver unit which stated the light fitting should not be installed in a lathe and plaster ceiling and the fitting and driver should not be covered by insulation (Regulation 134.1.1 ). I exhibited in my evidence the fire damage and the un-enclosed connector block joints in the T&E cabling with other light fittings and drivers covered with insulation. The insulation could have been removed as this was a loft conversion to add a 3rd floor which had all been wired by the electrician. The down lighters on the second floor and the 2nd floor lighting circuit had been altered with new wiring. Cables not clipped or supported anywhere. When the new oak floor was lifted on the 3rd floor, after my initial inspection, more thermal damage was found around other fittings.  No design information, no EIC no Part P notification.  

    The Judge accepted my expert evidence on the non-compliances and the cause of the fire.  I had to give the judge a short explanation of what intumescent  material was and did, I indicated it was fitted around the door frame of the entrance door to the court, which he thanked me for as he had not noticed it before. 

    The electricians evidence was he was an experienced qualified electrician and he had never caused a fire before.  

    The judge awarded the  occupier her compensation and full costs including legal fees and my modest fee, the insurers claim and directed the electrician to pay his own costs. I don't remember anything about court costs and how they were to be paid.

    JP