Architects Face Criticism Over ‘Negligence’ After Tragic Window Incident in Central London

Architecture Firm Faces Serious Accusations Over Fatal Incident

An architecture firm is currently facing allegations of neglecting “foreseeable risks” following a tragic incident in which a man was killed by a falling window pane. The court heard that Mick Ferris, aged 53, suffered fatal injuries when a window fell 26 storeys from the penthouse of The Corniche, a high-rise development located on London’s Embankment, on 2nd October 2018. At the time of the incident, Mr Ferris, who worked as a driver for Clarkes of London, was returning to his coach when the glass fell at approximately 10:40am.

During proceedings at Inner London Crown Court today, jurors were informed that a similar window panel had fallen from the same building a year earlier, in August 2017. Despite this prior incident, the design of the building had not been modified. Prosecutor Gordon Menzies commented, “It is reasonably practicable for knowledgeable individuals to implement a straightforward solution and design a window that does not fall out annually.”

Concerns About Window Design Highlighted

The architecture firm Foster + Partners, renowned for their design of The Gherkin, was responsible for the initial plans for The Corniche development. They, along with three other companies—Lindner Prater Ltd, Wintech Ltd, and St James Group Ltd—are currently facing charges for “failing to discharge a duty” under section 3(1) of the Health and Safety at Work Act 1974.

Mr Menzies elaborated on the window design, explaining that the original concept involved inward-opening windows, which are generally regarded as a safer option. However, the design was altered to outward-opening windows. The prosecution contends that the final design of these windows was inherently unsafe, posing a significant risk that a gust of wind could dislodge them from their hinges.

The outward-facing windows were secured by a single metal “restrictor,” as presented in court. Mr Menzies remarked, “There was no effective failsafe or reliable backup; numerous failures could occur with the restrictors, and if they did, the consequences could be catastrophic.”

Previous Incidents Ignored by Developers

Jurors learned that, remarkably, no injuries or fatalities occurred when the first window panel fell from the building on 18th August 2017. Nonetheless, the developers failed to regard this incident as a catalyst for re-evaluating their design. An email sent to Foster + Partners following the first accident noted “concerns raised” about the potential for another window to fall in the future. “It is reasonably practical for those at Foster’s level to thoroughly revisit their design when such concerns are expressed,” Mr Menzies stated.

In a further indication of the negligence, construction workers were reportedly instructed not to open the windows at all, and small warning notices were affixed next to the windows for residents. The prosecution outlined eight “missed opportunities” during which the developers could have reassessed the risks associated with the outward-opening windows. Mr Menzies pointed out that the designers seemed to assume that residents would remember to close their windows.

Tragic Outcome and Ongoing Trial

It was only after the tragic death of Mr Ferris that the window design was revised to incorporate inward-opening windows. The window pane that fell weighed 130kg and measured approximately 85cm in width and 190cm in height, plummeting around 300ft before striking Mr Ferris.

Mr Menzies noted that Foster + Partners and St James Group Ltd are likely to dispute responsibility regarding the decision to implement outward-opening windows. Prosecutors further indicated that glass-clad buildings are a “speciality” of Foster + Partners. St James Group Ltd had assumed the role of “principal designer” in 2015, which conferred upon them a duty to coordinate health and safety matters associated with the project.

The Corniche itself is marketed as an “exclusive riverside address,” comprising 252 apartments of two, three, and four bedrooms, all of which offer views of various London landmarks. The trial is set to continue.