Director Faces Court Orders in UK’s First Corporate Manslaughter Case

Posted on Thursday 2 July 2009

Bristol Crown Court today witnessed the beginning of court proceedings of UK’s First Corporate Manslaughter Case. Peter Eaton, the director of Cotswold Geotechnical Holdings Ltd, appeared before the judge charged with gross negligence manslaughter under the 2007 Corporate Manslaughter Act.

The Crown Prosecution Service found the company guilty of manslaughter following the death of its young geologist Alexander Wright, who was killed in September 2008 in a mudslide, after a trench where he had been collecting soil samples suddenly caved in.

Unconditional bail was given to Eaton after he had confirmed his name before judge Thomas Crowther QC. As part of the further proceedings, a plea will be entertained in the next hearing scheduled to take place before Bristol Crown Court on 19 August.

Serious charges of gross negligence manslaughter and a violation of Section 37 of the Health and Safety at Work etc. Act 1974 (’HSWA’) have be labelled against Peter Eaton.

Section 37 of HSWA states that in the event of a senior company authority’s consent or connivance or even negligence being responsible for the death of an employee (or any mishap whatsoever), the said authority is guilty of an offence tantamount to manslaughter.

Cotswold also faces charges under Section 2 of HSWA as it failed to ensure the health and safety of its employee who died while on duty. Staff and management must be fully aware of and comply with health and safety regulations as laid down by law; the IOSH Safety for Senior Executives course is aimed at Directors, Vice Presidents, Senior Executives and other senior managers who have the responsibility for policy making and strategic planning for health and safety within the organisation. If is of benefit to your organisation in reviewing your health and safety performance and risk management arrangements.

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