Corporate manslaughter/health & safety

The regulatory burden on companies and individuals has increased markedly in recent years. New guidance from the Sentencing Guidelines Council on sentencing in corporate manslaughter and health and safety cases recommends substantial fines and publicity orders for those convicted of offences in this area. Corker Binning has significant expertise both in representing clients in gross negligence manslaughter cases and in advising companies and individuals in relation to investigations and prosecutions brought by the Health & Safety Executive (HSE) and the Environment Agency (EA). As a law firm specialising in complex fraud, regulatory and general criminal litigation, we conduct litigation in the criminal courts every day. We apply our extensive experience in criminal litigation to achieve significant results for clients, be they companies or individuals, as well as acting in major investigations for individual witnesses.

Recent cases include the successful defence of two UK companies charged with offences under the Transfrontier Shipment of Waste Regulations relating to the export of contaminated waste paper. The EA was forced to drop the case before trial and a costs order was made in favour of our clients. See our article on the case, March 2010.

The firm also acted for the senior manager of the Buncefield oil storage facility throughout the internal company investigation and the criminal investigations by the EA and HSE after the explosion in December 2005. Our client is a witness in the criminal case against the companies involved which continues. In another case, a scrap yard company and one of its directors were cleared of manslaughter following the death of a worker and the injury of others in an explosion caused by employees cutting up gas cylinders. The case involved charges of manslaughter and perverting the course of justice in relation to allegations that evidence of bad working practices were covered up.