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R v Cotswold Geotechnical Holdings Ltd and Others

The Times Law Reports Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date11 May 2011
Date11 May 2011
CourtCourt of Appeal (Criminal Division)

Court of Appeal, Criminal Division

Before Lord Judge, Lord Chief Justice, Mr Justice Beatson and Mr Justice Bean

Regina
and
Cotswold Geotechnical (Holdings) Ltd
Demise of negligent company acceptable

Where a company was convicted of corporate manslaughter following a gross breach of duty, the fact that the fine imposed would have the effect of putting the company out of business was not an unacceptable consequence.

The Court of Appeal, Criminal Division, so held when refusing an application by Cotswold Geotechnical (Holdings) Ltd for leave to appeal against a fine of £375,000 imposed on February 17, 2011 by Mr Justice Field at Bristol Crown Court sitting at Winchester, following its conviction of corporate m anslaughter, contrary to section 1(1) of the Corporate Manslaughter and Corporate Homicide Act 2007, arising from the death of a young employee who had died carrying out soil investigation work in an unsupported trial pit of three and a half metres deep which had collapsed.

That was a breach of the regulations which required any pit over 1.2 metres to be supported. Mr Richard Lissack, QC and Mr Keith Morton, QC, for the company; Mr Mark Ellison, QC and Mr Adrian Darbishire for the prosecution.

THE LORD CHIEF JUSTICE, giving the judgment of the court, said that the fine represented 250 per cent of the turnover of the defendant company and it was submitted that there was no prospect of the company surviving if it was to pay such a fine.

In sentencing, the judge had had regard to...

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