Pictured above: Mike Wakeling
More companies risk being put out of business by the courts for
safety failings, a legal expert has predicted.
And Mike Wakeling, a partner with Stratford-upon-Avon-based
Lodders Solicitors, urged businesses to urgently review their
operations.
His comments follow the case of Cotswold Geotechnical Holdings,
the first firm to be found guilty of corporate manslaughter, which
was fined £385,000 and earlier this month lost its appeal
against conviction and sentence.
Among the comments made by Lord Chief Justice Lord Judge was
that it was "unavoidable and inevitable" that the company may go
into liquidation in paying the fine.
Mr Wakeling said: "The message from the judiciary could not be
plainer.
"The courts are in effect saying they will not hesitate to put
businesses down if the case justifies it.
"This first successful prosecution under the Corporate
Manslaughter and Corporate Homicide Act 2007 has put a marker down
for everyone else.
"It is absolutely vital that companies both fully comply with
health and safety legislation and ideally do more than is required.
They need to be proactive and constantly looking to avoid
circumstances where unwittingly dangerous situations arise
threatening to catch out the less vigilant.
"This case has shown how easy it is for a tragedy to happen
putting the whole business in jeopardy.
"If firms do not understand their responsibilities they should
consult their legal adviser and, where necessary, bring in
specialist health and safety professionals to oversee
contracts."
The Cotswold Geotechnical Holdings prosecution arose following a
pit collapse in September 2008 in which a 27-year-old geologist
died.
Alexander Wright, aged 27, from Cheltenham, was taking soil
samples for a housing development in Brimscombe Lane, near Stroud.
However, the pit was not supported by timbers and caved in.
In February a jury at Winchester Crown Court found the firm
guilty of failing to ensure his safety.
For more information about Lodders, please visit their website
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www.lodders.co.uk