Cotswolds company to appear in first corporate manslaughter trial

Cotswold Geotechnical Holdings will be involved in the first ever corporate manslaughter prosecution, taking place in Bristol Crown Court next February.

The company has been charged with offences under the Corporate Manslaughter Act and Corporate Homicide Act 2007 as well as breaches of the 1974 Health and Safety at Work Act following the death of junior geologist Alexander Wright.

Mr Wright, 27, died in September last year when the sides of an excavated pit collapsed around him as he collected soil samples in Stroud.

In addition to the charges levelled against the company, Director Peter Eaton has also been charged with common law manslaughter and for breaching section 37 of the Health and Safety at Work Act regarding neglect on his part as Director.

After Cotswold Geotechnical Holdings were charged in April this year, the Crown Prosecution Service (CPS) revealed that this was to be the first case brought under the 2007 Act.

Ms Leonard, who reviewed the case for the CPS Special Crime Division, explained the powers held by the new legislation.

“Under the Corporate Manslaughter and Corporate Homicide Act 2007 an organisation is guilty if the way in which its activities are managed or organised causes a death, and amounts to a gross breach of duty of care to the person who has died,” said Ms Leonard.

“Companies need to ensure that they can demonstrate that a) they are aware of their duties under Health and Safety legislation – by producing policies to ensure compliance, and b) that those policies are regularly reviewed and updated in line with the Company’s activities” The Commercial and Corporate Finance Team at Birkett Long LLP.