The first prosecution under the Corporate Manslaughter Act 2007 ("the 2007 Act") will begin Friday 26 February 2010. Cotswolds Geotechnical Holdings Limited ("Cotswolds") has been charged under the 2007 Act for the death of Alexander Wright, a 27 year old geologist.
The prosecution was due to start on Tuesday 23 February however was adjourned until Friday for the selection of the jury.
Sole Director of Cotswolds, Peter Eaton, also faces a charge under the common law of manslaughter.
Mr Wright died taking soil samples in a trench which subsequently collapsed. He was pronounced dead at the scene.
The case will be viewed as a test-case for the new legislation, introduced to simplify the prosecution of Companies for work-place fatalities. Since the 2007 Act does not provide for prosecution of individuals (even Directors) any proceedings against such individuals must proceed under common law manslaughter or under the Health & Safety at Work Act.
Please click here (http://tinyurl.com/yarr9gj) to see our earlier Law Now on Corporate manslaughter: first ever prosecution under new law.
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 25/02/2010.
