The defendant appealed against a fine of 10 million pounds for its failings in maintaining track which led to the train crash at Hatfield.
Held: The company’s contract was substantial. Positive steps were to be taken by all concerned in a company to ensure compliance with Health and Safety duties. Management would be encouraged to satisfy its duties if the fine was of sufficient size to affect shareholders. Where an individual employee was at fault, and the danger did not arise from a fault in the management system, a deterrent sentence was not appropriate, but here there had been a serious systemic failure in management. The fine was out of proportion to that imposed on the co-defendant, Railtrack plc, to reduce it to a proportionate level would remove the deterrent effect, and the fine was reduced therefore to 7.5 million pounds.
Lord Phillips CJ, Nelson, Silber JJ
[2006] EWCA Crim 1586, Times 18-Jul-2006, [2007] Bus LR 77, [2007] ICR 354
Bailii
Health and Safety at Work Act 1974 3(1)
England and Wales
Updated: 22 August 2021; Ref: scu.243065
