This Is Guernsey

By Emily Burden

Michael and Joan Milford about to enter court yesterday for their action against Guernsey Gas. (Picture by John O’Neill, 0885665)

GUERNSEY GAS conceded in the Petty Debts Court yesterday it had wrongly installed a cooker which put an OAP couple in danger for seven years.

But the case is continuing today due to confusion over a point of law.

Michael Milford, 71, and his wife Joan, 61, are seeking £2,331 in damages after the company incorrectly installed the cooker in 2002. He said that this amounted to a breach of contract.

The cooker had been installed 500mm below cupboards. Health and safety regulations said that the gap should be a minimum of 750mm.

A Guernsey Gas engineer spotted the error after being called to the couple’s home in April following a leak.

He said the cooker was in a dangerous position and cut off their supply.

Mr Milford told the court he was incensed by the engineer’s attitude.

‘He [the engineer] pointed out that the workmanship was bad and it would not be allowed these days,’ Mr Milford said.

‘What he did not know was that he had installed it himself in 2002. He was condemning his own work but had obviously forgotten.’

Advocate Abby Lund, representing the company, asked whether the cupboard had been in the same position in 2002 as it was this year.

Mr Milford said the cupboard was installed in 1993 and had not moved since.

Advocate Lund visited the couple’s home during the hearing’s lunch break and during the resumed hearing conceded that the cupboard had been there in 2002 and that the cooker had been wrongly installed.

At that point in the proceedings, Judge Cherry McMillen suggested an adjournment so that both parties could explore the potential for a settlement.

She said Guernsey Gas was in some difficulty because it had admitted that a mistake had been made when the cooker was installed.

However, Judge McMillen added that there was no legal precedent for claiming compensation due to being put in ‘danger’.

After a brief break, Advocate Lund said that Guernsey Gas wanted to proceed with the hearing.

‘We obviously, after lunch time, conceded there was a breach [of contract] but Mr Milford suffered no loss because of that breach,’ she said.

The case was adjourned until this morning because of doubt over a point of law.

The law states that a person can claim breach of contract only within six years of the event. There are several exceptions that allow someone to claim after that time – one of which is misrepresentation.

Advocate Lund asked for the adjournment to determine whether the law intended that an act of misrepresentation had to be deliberate. Judgement is expected today.

Article posted on 10th December, 2009 - 11.30am