After months of delayed trials and speculation, the first UK company to be convicted for the offence of corporate manslaughter has been fined £385,000 this week.
Alex Wright, a geologist who was working for Cotswold Geotechnical Holdings Ltd (CGH) in 2008, was killed while investigating soil conditions in a deep trench at a site in Stroud, Gloucestershire when the trench collapsed on him.
This week, CGH was fined after being convicted by a jury at Winchester Crown Court, the first under the new Corporate Manslaughter and Corporate Homicide Act 2007. Although the fine is less than the starting point of £500,000, as recommended by the Sentencing Guidelines Council, it reflects the company’s limited financial means, the judge revealed.
Justice Field said the danger of collapse in the pit that killed Mr Wright was “plainly foreseeable” and that he would have also ordered CGH to pay legal costs to the prosecution if the company had been larger or in better financial health.
The fine may have put CGH into liquidation, and Justice Field claimed the fine had to “send out a clear message… In particular to those in the construction, excavation and site investigation sectors that it is essential that health and safety guidance and good practice is strictly adhered to”.
The case has been a major talking point in the UK legal market for almost two years, and after a delayed trial due to the health of CGH’s managing director, many are glad to see a conclusion.
Sean Joyce, a regulatory Partner at Stephensons Solicitors LLP, said: “This is the first such conviction under the Corporate Manslaughter Act and the outcome should act as a warning to other businesses that face similar safety concerns.
“Health and safety is a serious issue for business owners and with so many regulations to consider, it is advisable for organisations to keep their procedures continuously under review, especially those with direct health and safety implications.”
ENDS
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