Cemex awaits verdict on toxic dust fine appeal

Cemex is due to discover this week whether its appeal against a fine imposed for an incident in which toxic dust escaped from its Rugby plant is successful.

It took the case to the London Court of Appeal last week following the imposition of a £400,000 fine by Warwick Crown Court in October 2006. But after hearing the argument, the appeal court judges decided to pass judgment at a later date.

Cemex admitted that it had failed to ensure an external door at the top of a reject clinker silo was properly maintained, which led to nearby houses being covered in potentially hazardous dust.

The company said it took full responsibility for the incident, but felt the level of the fine was excessive. It stressed that at the time it worked closely with those affected and immediately instigated a clean-up operation.

Since the incident in 2005, Cemex has undertaken a review and tightened its operating procedures to minimise the risk of a repeat.