Corporate manslaughter conviction – end of the road

Cotswold Geotechnical (Holdings) Limited was convictedearlier this year of corporate manslaughter, the first company tobe convicted under the legislation introduced in2008.

The company sought to appeal both its conviction andsentence but the Court of Appeal has refused to hear the matter. Noappeal can progress without the Court of Appeal giving permissionfor this to happen. The Court of Appeal Judges therefore haveclearly been satisfied that the Judge`s handling of the case, andin particular his directions to the Jury, were beyond criticism andthat the fine also was imposed at an appropriate level. The fine of£385,000 therefore stands.

There can be little doubt from this development that theCourt of Appeal is, in effect, saying that the fine was appropriateand it must follow by way of comparison that larger organisationsif found guilty of this offence will probably find themselves onthe end of significantly greater fines which will be measured inthe millions rather than the thousands.

This article is for general guidance only. It provides useful information in a concise form. Action should not be taken without obtaining specific legal advice.