Corporate manslaughter case may prompt more prosecutions

Release date: 01/5/2009

Britain's first Corporate Manslaughter prosecution could pave the way for many more companies to be charged under the new legislation, warns specialist litigator Barry Jervis.

It has emerged Gloucestershire-based Cotswold Geotechnical Holdings is being charged over the death of employee, 27-year-old Alexander Wright. It is alleged he died while taking soil samples on a building site, when a pit collapsed in on him in September 2008. The company has been charged with the criminal offence of corporate manslaughter. In addition, company director Peter Eaton, is also charged with gross negligence manslaughter and could be jailed for life, if convicted. His company could also face an unlimited fine, if convicted.

Barry Jervis, oversees Harvey Ingram's specialist dispute resolution team in Birmingham, and has been following the case closely. He urged companies to check all their health and safety management systems were robust and compliant with the new legislation.

He said: "This is the first prosecution under the 2007 Corporate Manslaughter and Corporate Homicide Act, and is very likely to be the first of many more. The new legislation makes it far easier for charges to be brought against companies following the death of employees at work.

"I would advise companies to ensure their day-to-day working practices closely follow health and safety guidelines, as they are at risk of prosecution if the way in which activities are managed or organised cause a death, or amount to a gross breach of a duty of care."

He added: "Many work-related fatalities that took place after April 2008, could now be investigated as possible corporate manslaughter cases. The likelihood is that corporate manslaughter cases will soar within the next few months."