Search results for Directors found not guilty of corporate manslaughter
Subjects
Formats
Services
57 results found showing 1 - 20
-
Directors found not guilty of corporate manslaughter
The directors of a scrap metal merchants have been found not guilty of the common law offence of corporate manslaughter following the investigation into an explosion that killed a worker. Emergency services were called to the Reliance Scrap Metal Merchants (Parkstone) Ltd premises in Nuffield Road, Poole, on 9 M...
Case | 13 Aug 2008
-
Firms still unaware of Corporate Manslaughter implications
... to properly resource health and safety and something goes wrong then it will not just be the victim that suffers but the business as a whole through the link to the Corporate Manslaughter and Corporate Homicide Act. “The Act, the new strategy and indeed our research have a clear message – directors and individuals with managerial responsibility need to ensure that health and safety risks are properly managed and resourced in the organisations that they run, and that adequate health and safety procedures are maintained. It is essential that health and safety measures are reviewed to ensure the...
News | 24 Jun 2009
-
New sentencing guidelines for corporate manslaughter
...isation. In the guidelines, the Council emphasises the need for a court to have full, accurate and reliable information and details the method for ensuring that it is consistently provided. When fixing the fine, the guidelines say a court should not be influenced by the impact on shareholders and directors, nor consider the costs of complying with other sanctions. However, the effect on the employment of the innocent may be relevant, as may the effect on provision of services to the public. Factors increasing the seriousness of the offence identified by the Council include the foreseeability of ser...
News | 11 Feb 2010
-
Architect not guilty in manslaughter case, heavy fines for health and safety offences
Council Architect Gillian Beckingham was today found not guilty of manslaughter following the death of seven people after outbreak of Legionnaires' Disease in Barrow in Furness in 2002. However, both she and her employer, Barrow Borough Council, were found guilty under the Health and Safety at Work Act 1974. The council was fined £125,000 and ordere...
Case | 31 Jul 2006
-
Corporate Manslaughter Bill receives Royal Assent
... that we must not become complacent. Effective management of health and safety must be a key business goal in every organisation. And it must be led from the top with clear reporting on performance to all stakeholders. "There has been a growing focus on the health and safety responsibilities of directors and senior managers in all organisations, particularly in the decade it has taken to secure the introduction of the new offence of corporate manslaughter. "The new Act, which will only be used when standards have fallen far below what might have been reasonably expected, makes clear that the fu...
News | 27 Jul 2007
-
Corporate manslaughter: a test of the legislation?
...he Crown Prosecution Service appears to be taking no risks with the first prosecution under the new Corporate Manslaughter and Corporate Homicide Act 2007 (‘the Act’), which came into force on 6 April 2008. The first charge to be brought under the Act is against a small family company where the directors have close involvement with the day-to-day running of the business. According to Jon Cooper, Health and Safety Specialist at Bond Pearce LLP, this is unlikely to assist in understanding how the law will be applied to the majority of corporate UK. A charge under the Act can be brought when mana...
News | 26 May 2009
-
First corporate manslaughter case unlikely to clarify Act
The Crown Prosecution Service appears to be taking no risks with the first prosecution under the new Corporate Manslaughter and Corporate Homicide Act. The first charge to be brought under the new Act is against a small family company where the directors have close involvement with the day-to-day running. According to Jon Cooper, Health and Safety specialist at Bond Pearce, this is unlikely to assist in understanding how the law will be applied to the majority of corporate UK. The prosecution is being brought against Gloucestershire-based Geotechn...
News | 29 Apr 2009
-
High Court orders CPS to review corporate manslaughter decision
...ed for, even if they are responsible for the death of one of their employees. "We need the new Corporate Manslaughter Bill to be strengthened so all employers who are responsible for the deaths of their employees can be prosecuted." Amicus also wants to see the Bill changed to enable senior directors found liable of health and safety breaches resulting in the death of people at work to be prosecuted more easily. As it stands the Corporate Manslaughter Bill does not include individual liability for directors. The aim of the Bill is to make it easier to prosecute companies whose gross neglig...
News | 10 Jan 2007
-
Stiffer sentencing still not enough, says IOSH
...emedial orders should also address the vital need for deep-seated cultural issues to be tackled where these have contributed to the offence,” he added. “Based on regulator guidance, we say this could include measures such as compulsory training or retraining in health and safety management for directors and senior managers, appropriate use of behavioural safety programmes, the introduction of third-party audit and access to competent health and safety advice.” IOSH also called for:Absolute minimum fine levels for corporate manslaughter convictions Aggravating factors to include failure to heed ...
News | 16 Feb 2010
-
Corporate Manslaughter
...ions that have no regard for Health and Safety and at those who have significant or substantial failures within their culture - otherwise termed as serious poor perfomance. Corporate Manslaughter is concerned with the corporate liability of the organisation itself and does not apply to individual directors, senior managers or other individuals - nor is it possible to convict an individual of assisting or encouraging any offence. Prosecutions under the legislation will be brought against the organisation itself and not specific individuals. There is no "go to jail card" under the new legislation - UNL...
Comment | 4 Jun 2008
-
The year of living dangerously
...eed to be better insulated and make use of more efficient heating systems. 24th The 7th Annual Facilities Management Legal Update Conference and Dinner is taking place on the 24-25 January, at Wyboston Lakes near Cambridge. The Conference provides two days of essential legal updates for facilities directors and managers, including the very latest information on business continuity, corporate manslaughter, disability access, employment law, fire safety, security and much more. For more information call 0870 777 8881 quoting ref 1989. Workplace Law's Fire Safety 2006: Special Report - priced £99 - is d...
Magazine issue | 1 Dec 2005
-
The Social Network – 12 years of the Workplace Law Conference
...ng or support must be used if the pit depth was greater than 1.2m. In a police interview, it is reported Mr Eaton told officers he had not adapted his working methods since he started in the 1970s even though long experience had shown that such 'trial pits' were known to suddenly collapse. The jury found the company guilty of failure to ensure the safety of Mr Wright, and the company was fined £385,000 on 17 February. Kevin Bridges from Pinsent Masons, who represented Cotswold Geotechnical Holdings Ltd, said: "The company will, over the coming days consider all of its options, including any potent...
Magazine issue | 1 Mar 2011
-
Directors 'could be banned' for health and safety breaches
Directors found guilty of serious health and safety offences are also likely to be banned from running a company if new sentencing guidelines come into force, warns law firm DWF.The warning follows a report by Warwick University on behalf of the Health and Safety Executive (HSE), which says that too few dire...
News | 17 Dec 2007
-
Network Rail found guilty in Hatfield trial
Railtrack successor Network Rail has been found guilty of offences under the Health and Safety at Work Act 1974 after the jurors in the Hatfield rail crash trial reached a unanimous verdict today. Rail contractor Balfour Beatty had already admitted to a similar offence when the charge of corporate manslaughter against the firm was dropped earlie...
News | 6 Sep 2005
-
Directors' responsibilities for health and safety
workplacela law know-how to manage your workplace february 2005 SHOCK TACTICS Do directors really have anything to fear in new health and safety legislation? MUDDLING THROUGH Managing dyslexia in the workplace WHAT IS `WORK'? Deciphering the boundaries of an employer's duty to protect POWERS OF ENFORCEMENT How effectively does the HSE impose health and safety law? PLUS: COSHH, fire s...
Magazine issue | 1 Feb 2005
-
Dealing with bogus claimants
...se study and allocation of roles n Consideration of ET1 and drafting the response form ET3 n Settlement or ET: what are the risks? n How do ETs work? n Insight: views of a member of the ET Panel Who this course is for The Mock Employment Tribunal is a mustattend event for all HR personnel, company directors and owners or anyone who may be affected by an Employment Tribunal. The Tribunal in session n The hearing n Cross-questioning n Your decision n The Tribunal decision n Summing up: key learning points benefits to your organisation n Learn how to avoid mistakes that could cost your company thousand...
Magazine issue | 1 Mar 2010
-
The world in your hands?
...d mechanical services company meet its duties under the CDM Regulations. 22 ThE PERSONNEL TOUCh Sara Bean talks to Ali Moran, HR Consultant for Workplace Law, and Chair of the new BIFM People Management Special Interest Group (SIG). emPLoyment uPdAte 13 NEWS Employers face tough 2010; and Council found in breach of the Data Protection Act. teChniCAL 38 ThE DATA HSE: Failure to implement control measures led to a firearms injury; lack of training led to care home fatality; and an analysis of failure to comply with the Control of Asbestos Regulations 2006. EAT: Analysis of a recent case which dete...
Magazine issue | 8 Jan 2010
-
Celebrating 35 years of the Health and Safety at Work Act
...his section is the one most (b) as regards any duty or requirement imposed on his employer or any other person by or under any of the frequently relevant statutory provisions, to cooperate with him so far as is necessary to enable that duty or requirement to cited in connection with prosecutions of directors be performed or complied with. 37 Offences by bodies corporate Extracts of this Act are reproduced under the terms of Crown Copyright Policy Guidance issued by HMSO under the Act. Note reference to the terms "consent", "connivance" and "neglect". (1) Where an offence under any of the relevant st...
Magazine issue | 7 Jul 2009
-
'Landmark' case prompts calls for hands-free ban
Fleet managers are being urged to ban all mobile phone use after a company director was convicted of careless driving over the use of a hands-free device. Lynne-Marie Howden, 43, a director and head of sales at business consultancy company, Insights, was found not guilty of causing death by dangerous driving. But, in what safety campaigners are calling a “landmark case”, she was convicted on the lesser charge of careless driving and was banned from driving for 12 months and fined £2,000. In passing sentence at Warwick Crown Court, Judge Richard Gr...
Case | 26 Feb 2009
-
3 strikes and your fire's not out!
...... NOVEMBER n Changes to Security Industry Authority (SIA) licensing in Scotland are implemented: From November 2007, it will be illegal to work as an operative in a designated security sector in Scotland without a frontline SIA licence. It will also be an offence for security company managers and directors to operate without an SIA licence or to provide unlicensed operatives. 11050 DECEMBER n Deadline for implementation of regulations amending the Sex Discrimination Act 1975 (SDA),which were due to come in to force on 1 October 2007. The Regulations were delayed to implement both the EU Gender Direc...
Magazine issue | 8 Nov 2007
