If You Protest You Must Be Mentally Ill.
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No best answer has yet been selected by steverodgers. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.The !6th Edition Regs specifically state (para 110-02-01) that they do not apply to 'supplier's works' as defined in the Electricity Supply Regs 1988. You can see the latter here:
http://www.opsi.gov.uk/si/si1988/Uksi_19881057_en_7.htm
Part 4 Para 25 states:
The supplier shall ensure that all his works on a consumer's premises which are not under the control of the consumer (whether forming part of the consumer's installation or not) are�
(a) suitable for their respective purposes;
(b) installed and, so far as is reasonably practicable, maintained so as to prevent danger
I think you have a chance here, unless the installation was very old (pre these regs) or you could be shown to have been careless. I beleive that "suitable" and "prevent danger" imply that the cable should ahve been obvious, marked, or protected against mechanical damage by armour or metal ducting.
PS you can't get the 16th Regs on the web as they are well copyright protected and nearly �50 a copy, but I have my own set so ask again if there is anything else.
Good luck