Retail Motor Law

The first prosecution for corporate manslaughter is being brought against a company and although the company being prosecuted is not within the Motor Trade, it is still worth noting.

Cotswold Geotechnical Holding Ltd  is a small company and during September 2008 an employee, was taking soil samples from inside a pit which had been excavated as part of a site survey when the sides of the pit collapsed crushing him.

The Director of the company has been charged with gross negligence manslaughter and with an offence contrary to Section 37, Health and Safety at Work Act 1974.  Cotswold Geotechnical Holdings Ltd has also been charged with failing to discharge a duty contrary to Section 33, Health and Safety at Work Act 1974.

A CPS Special Crime Division lawyer explains,

"Under the Corporate Manslaughter and Corporate Homicide Act 2007 an organisation is guilty of corporate manslaughter if the way in which its activities are managed or organised causes a death and amounts to a gross breach of a duty of care to the person who died.  A substantial part of the breach must have been in the way activities were organised by senior management. I have concluded that there is sufficient evidence for a realistic prospect of conviction for this offence."

The Director of Cotswold Geotechnical Holding Ltd  is due to appear in Court later this month.He faces charges both as an individual and on behalf of the company.

This case certainly gives a clear warning to Company Directors that authorities are looking closely where Health and Safety issues are concerned. RML has drafted a Health and Safety Policy for members that can be requested by emailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

In addition the following link will download the Health and Safety Executives publication http://www.hse.gov.uk/pubns/indg417.pdf