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The company carried out maintenance and repair work on domestic properties.[7] On 22 July 2013 Mr Black and Mr Brown were undertaking repair work to a gable at 19 East Edith Street, Darvel, Ayrshire. The job required that old render be removed, a crack be repaired, a mesh fixed to the wall and finally a new render finish applied to the gable wall.A tower scaffold was erected to facilitate the work and a ladder was used only to take material up to the working platform.He did not secure the ladder which was set on a tarpaulin.

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Mr Black mixed a quantity of render and passed this to Mr Brown to apply.

It was a warm day and the render was hardening too quickly, because of the prevailing temperature.

[2] Fatal accident inquiries and the procedure to be followed in the conduct of such inquiries are governed by the provisions of the 1976 Act and the Fatal Accidents and Sudden Deaths Inquiry Procedure (Scotland) Rules 1977 made under section 7(1) of the Act.

The purpose of an Inquiry held in terms of the 1976 Act is for the sheriff to make a determination setting out the following circumstances of the death, so far as they have been established to his satisfaction: [3] The Court proceeds on the basis of evidence placed before it by the Crown and by any other party to the Inquiry.

The determination must be based on the evidence presented at the Inquiry and is limited to the matters defined in section 6(1) of the Act.

Section 6(3) of the Act sets out that the determination of the sheriff shall not be admissible in evidence or be founded on in any judicial proceedings, of whatever nature, arising out of the death or out of any accident resulting in the death.The Inquiry heard evidence on 7, 8 and 9 November 2016.Ms Watts appeared for Greater Glasgow Health Board.On 23 July Mr Black was seen by Mr Thomas, orthopaedic consultant at Crosshouse Hospital, who prescribed dalteparin, a low molecular weight heparin (LMWH), which was given to Mr Black.LMWH is the standard thromboprophylaxis for trauma patients with acetabular and pelvic fractures.To undertake this task he stepped from the ladder and placed his feet on the outside rail of the tower scaffold.

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