Health & Safety

Further to my recent post Network Rail have entered a guilty plea in connection with the criminal proceedings raised by the Office of Rail Regulation for the health and safety breaches leading up to the Gayrigg crash.

As previously commented on, the train derailed at 95mph after hitting a faulty set of points. The train derailment led to the death of one individual with a further 28 people being seriously injured. Network Rail, was responsible for the track maintenance and is facing a charge under section 3(1) of the 1974 Health and Safety at Work Act.

Due to court procedure the plea is still an “indication” as the company can not formally enter a guilty plea until a further hearing. Network Rail will now face an unlimited fine and the sentence will be passed on 2 April 2012. In 2011 Network Rail was fined £3 million after admitting safety breaches involving a set of points which led to a derailment at Potters Bar in 2002 killing 7 people. It will be interesting to see the level of fine awarded in comparison to this. We continue to follow this case and will let you know what sentence Network Rail receive.

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