First corporate manslaughter conviction: industry reaction
Fri 18 Feb, 2011The Telegraph | Friday 18 February 2011
Cotswold Geotechnical was on Thursday fined £385,000 over the death of geologist Alexander Wright in the first prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007.
Craig McAdam, solicitor in the business crime and regulation team at law firm Russell Jones & Walker:
"The Corporate Manslaughter Act was enacted to address the difficulties of convicting larger organisations, so this case doesn’t truly test its full scope.
"The fact that Cotswold Geotechnical Holdings is run by a sole director who was on-site immediately prior to the accident taking place made it a relatively easy case to try. The real test will come when a significantly larger company with a complex management structure is prosecuted.
"The Corporate Manslaughter Act enables prosecutors to go after senior managers straight up the management chain. Therefore we won’t see what the act can really do until a company with a significant management chain is brought to trial."
Jonathan Grimes, partner at law firm Kingsley Napley:
“The fine was more or less in line with guidance that was issued by the Sentencing Council last year, which said fines would start at around £500,000. This was a small company, and that has been taken into account, and the company has been given ten years to pay.
