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No damages after mill fire court case

14/ 7/2005

A GLOSSOP man has escaped paying almost £1m in damages after a childhood prank backfired.

Christopher Patrick was just 11 when he and his friend decided to start a fire in their 'den' - an old mill known as the Waterside Mill Complex in Hadfield.

But the blaze got out of control and spread to stock stored in the mill by a re-packaging company Allpacks who claimed it was worth around £850,000.

The pair were charged with arson following the incident in May 1997 although the charges were later dropped.

But the owners claimed Mr Patrick, then living with his parents at Masons Grove, Hadfield was still responsible having admitted to starting a fire and launched a claim for damages against him.

The case was finally called before London's High Court last week where Mr Patrick, now 19, was cleared of any liability.

Allpack's insurers Royal London Mutual argued that they were not obliged to pay out as the policy had contained a clause excluding them from liability for any 'wilful, malicious or criminal acts.'

But Judge Richard Seymour QC said the clause did not apply as 'wilful' in such a context meant one where damage had been deliberate and ordered Royal London to pay.