First fine for corporate manslaughter

24/03/2011

By Henar Dyson, Senior Associate in Corporate & Commercial

The first fine, of £385,000, has been ordered under the Corporate Manslaughter and Corporate Homicide Act 2007.

Criminal prosecutions may be brought under the Act where failings in an organisation’s senior management lead to a death.

The defendant, Cotswold Geotechnical Holdings Limited, was found guilty in relation to the death of one of its geological surveyors. Potential fines are unlimited. In this case, the fine was set at this level to reflect the small size and poor financial state of the company. The amount of the fine suggests that fines for larger organisations could be very substantial.

Businesses should review their policies and procedures to ensure that they comply with existing health and safety legislation and take specialist legal advice in the event of any workplace related death or serious injury.