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Company and director charged in first corporate killing case – April 2009

Date: 01 May 2009

On 23 April 2009 in what is believed to be the first prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007, the Crown Prosecution Service has authorised a charge of corporate manslaughter against Cotswold Geotechnical Holdings Ltd in relation to the death of Alexander Wright on 5 September 2008.
Mr Wright was employed as a junior geologist when he was killed taking soil samples from the side of a pit when the pit collapsed, crushing him.
Paul Eaton, a director of the company has been charged with gross negligence manslaughter and with an offence under section 37 of Health and Safety at Work Act 1974. Cotswold Geotechnical Holdings Ltd has also been charged with failing to discharge a duty under section 33 of the HSWA.
If convicted of corporate manslaughter, Cotswold Geotechnical Holdings Ltd could face an unlimited fine and a publicity order requiring them to publicise details of the offence and the amount of the fine. Mr Eaton could face a term of imprisonment if convicted of gross negligence manslaughter.
The Corporate Manslaughter and Corporate Homicide Act 2007 seeks to hold companies liable when causing a person’s death in addition to common law liability and Health & Safety legislation where the action is brought against individuals.
This case emphasis the need for companies to hold adequate Management Risks insurance in addition to Directors & Officers liability.

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