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    APPEAL AGAINST HIGH FINES REJECTED

    Firms fail in bid to reduce fines imposed after cherry picker death

    LH Access Technology and Border Rail and Plant were each fined £240,000 in May 2008 after Neil Martin, from Essex, died whilst helping to move a cherry-picker in 2006. The firms have now failed in their effort to overturn the size of the fines that they argued were well in excess of English guidelines.

    The fine imposed on LH Access Technology was said to be 5 times their average annual profit. However, the Court of Justiciary Appeal in Edinburgh found that the fatal accident was “a serious failure of duty” and refused to reduce the penalty. Mr Martin was trapped beneath the wheels of a MEWP as he was helping move it to a low loader for repairs.

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