A senior engineer who was bound and had shots fired over his head when he tried to enter an oil facility in the United Arab Emirates without the proper pass is to receive £100,000 damages, a High Court judge has ruled.
Michael Duggan secured the payout after successfully suing his former employers, Carrickfergus -based firm Advanced Sensors Ltd, for an alleged breach in its duty of care.
Mr Justice McAlinden held that the risks from an ad-hoc arrangement to gain access to the military-guarded site were clearly foreseeable.
He also awarded 44-year-old Mr Duggan legal costs in taking the civil action against the firm.
Advanced Sensors was responsible for installing and maintaining oil and water analysers at the facility in Fujairah.
In August 2014 Mr Duggan, who is originally from England but now lives in Co Antrim, was flown out to carry out emergency work on the sensors.
He was not provided with the normal infrastructure pass, the court heard, but instead given a signed passport copy and told this would be adequate for entry to the site.
Although his driver was allowed through the main gate, a member of the UAE army refused access to Mr Duggan.
According to the engineer’s case a rifle was cocked at him when he beckoned for the driver to return.
Four shots were initially fired above his head, forcing him to duck and take out his phone.
Further rounds were then discharged before he was made to kneel on the ground.
His arms were bound behind his back using cable ties during an ordeal said to have lasted for at least 30 minutes.
At that stage Mr Duggan was given a chair before senior military personnel arrived and allowed access to the site.
Despite being issued with an apology, he was unable to continue working at the facilities and flew home.
With the engineer said to have suffered an adjustment disorder due to the experience, his lawyers sued Advanced Sensors for alleged breach of statutory duty.
In a case centred on a dispute over liability, Mr Justice McAlinden described the ad-hoc passport arrangements as utterly inadequate.
“This is an unforeseen example of egregious behaviour by a soldier, but the risk of a reaction giving rise to adverse consequences for the plaintiff is clearly foreseeable,” he said.
“The precise manner in which the soldier reacted in this event does not absolve the defendant of liability for the consequences of that reaction.”
He confirmed: “The plaintiff then succeeds to the full amount of agreed damages. Therefore, I make a decree in favour of the plaintiff in the sum of £100,000.”
Reacting to the verdict, Mr Duggan said: “I am delighted that this ordeal has finally come to an end, and justice has been served.”
His solicitor, Hannah Simpson of Wilson Nesbitt law firm, added: “We are delighted that our client has achieved this positive result, and relieved he can now finally put this matter behind him.”
