0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

trial date set for second corporate manslaughter case

12 September 2011

Trial date set

The second ever corporate manslaughter prosecution under the new CMCHA (Corporate Manslaughter and Corporate Homicide) Act 2007 has now been confirmed as proceeding to trial, with a trial date set by Manchester Crown Court for 12 June 2012.

The case involves the death of an individual who fell through a fragile roof panel on an industrial estate in Manchester in May 2008 and sadly died as a result of his injuries.

Lion Steel Equipment Ltd, the company in charge of the works, has been charged with the corporate offence of Corporate Manslaughter under the new legislation and also faces further charges under sections 2 and 33 of the Health and Safety at Work Act 1974 for failing to ensure the safety of its employees.

Three of the company directors (Kevin Palliser, Richard Williams and Graham Coupe) have been charged with gross negligence manslaughter alongside a s.37 charge under the Health and Safety at Work Act 1974 which deals with liability of directors, managers and officers in relation to issues of consent, connivance and/or neglect of their health and safety duties.

Prior to the new act coming into force, previous corporate manslaughter legislation was focused upon identifying which directors amounted to the controlling mind of the company. This became particularly difficult for the prosecution to identify and prove and resulted in many prosecutions failing due to the complex nature of the tests involved.

The new CMCHA removed the controlling mind element of the offence and broke it down into certain specific factors to be proven i.e. the way in which activities are managed or organised, causing a death and amounting to a gross breach of the relevant duty of care.

As this offence is still so new, case law establishing the boundaries of the new legislation is, at present, based purely on the first ever case under the new act - the prosecution of Cotswold Geotechnical Holdings. This case involved the death of an individual investigating soil conditions in a trench and resulted in a fine for that company of £385,000.

As Cotswold Geotechnical Holdings was a relatively small company however, this first prosecution failed to examine in any great depth the tests outlined within the new act and how these could be applied in larger organisations with more complex management structures.

Due to the size of Lion Steel Equipment Ltd in comparison to Cotswold Geotechnical Holdings, it is likely that the courts will be required through the trial in June of next year, to interpret the legislation and thereby provide more detailed guidance to practitioners and health and safety advisers alike as to the remit and parameters of the new offence.

training and events

26Nov

Invitation to Regional Care Homes Review 2019 IET Birmingham, Austin Court, 80 Cambridge Street, Birmingham

Knight Frank and Browne Jacobson are delighted to be working together to host this year's 2019 Regional Care Homes Review.

View event

28Nov

Mock Inquest Education centre, Royal Derby Hospital, Uttoxeter Road, Derby

Presided over by the Coroner for Derby & South Derbyshire, the mock inquest will be an accurate re-enactment of a real life inquest.

View event

focus on...

Upcoming webinars

Poole Borough Council -v- GN [2019] UKSC 25 – What does this mean for my organisation?

Six months on from the Supreme Court decision in the Poole Borough Council -v- GN case we look at emerging behaviours in response to this key decision, and its impact on agencies involved in child protection, including health, police, social care and education.

View

Legal updates

Devolution deal for Metro Mayors

Devolution in England has resulted in a number of devolution deals with combined authorities created, certain powers developed and local mayors elected.

View

Care Quality Commission and health & care regulatory update 7 November

Carl May-Smith provides an update on CQC & Competitions & Markets Authority enforcement.

View

Legal updates

Summary evaluations of multi-academy trusts

The scrutiny of multi-academy trust (MAT) performance by Ofsted has recently undergone some operational changes. In this note, we comment on the revised approach and identify a number of key elements for MATs to reflect on.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up