First corporate manslaughter case adjourned

The first trial under the new Corporate Manslaughter Act, being heard at Bristol Crown Court, has been adjourned, and will be relisted to resume in early October as a result of Peter Eaton requiring urgent medical treatment. Peter Eaton and his company, Cotswold Geotechnical Holdings Ltd, are being jointly charged in the UK's first prosecution under the 2007 Corporate Manslaughter Act.

It is alleged that the company caused the death of an employee, Alexander Wright, through its systemic failings.  Mr Wright, who was employed as a junior geologist, was crushed to death in 2008 when the sides of an excavated pit collapsed while he was collecting soil samples. 

Cotswold Geotechnical Holdings is charged with offences under the Corporate Manslaughter Act and section 2 of the Health and Safety at Work etc Act 1974 (HSWA) and Mr Eaton, the sole director, with gross negligence manslaughter.

The Honourable Mr Justice Field stated that it would be unfair and unjust to expect Mr Eaton to participate in the trial and the urgent medical treatment had been unanimously recommended by his team of treating doctors.

Andrew Stokes, partner at national commercial law firm Beachcroft LLP commented: "The final result of this case will have serious implications not only for employers but the insurance industry also.  Although it is entirely understandable why the case has been delayed, it does mean that - for now - employers are left a little unsure as to how the Corporate Manslaughter Act (CMA) might be applied. 

"However, with the recent publication of the guidelines for sentencing offences under the CMA, we are left in no doubt that convictions for health and safety offences that cause death, the fine will seldom be less than £100,000 and £500,000 if a Corporate Manslaughter conviction is secured.

"For now, employers should continue to see the upcoming Cotswold Geotechnical Holdings case and the new sentencing guidelines as a deterrent, and they should ensure that all the correct health and safety procedures are in place and that they are regularly reviewed."