Health & Safety

A court hearing is due to commence at the end of next week, 24 February 2012, into the 2007 Virgin train crash in Cumbria that killed one passenger and injured 86.

The rail regulator, the Office of Rail Regulation, is accusing Network Rail of “failure to provide and implement suitable and sufficient standards, procedures, guidance, training, tools and resources for the inspection and maintenance of fixed stretcher-bar points”. Ian Prosser, director of railway safety at ORR is of the opinion that Network Rail committed a serious breach of health and safety law which led to the train derailment.

During the coroner’s inquest last year David Lewis, the track supervisor responsible for checking the points, said his team was understaffed and men were not given the right tools or sufficient time.

If the case is committed to the Crown Court an unlimited fine could be imposed on Network Rail and we will be watching how that develops with interest.

Lynn Livesey

Associate at Brodies LLP
Lynn is an associate within our Health and Safety team.She specialises in defending a variety of damages claims including employer’s liability, public liability, road traffic accidents, industrial disease and clinical negligence. She also specialises in the defence of potentially fraudulent claims.
Lynn Livesey