Health & Safety

We still await the first organisation to be charged in Scotland under the Corporate Manslaughter and Corporate Homicide Act 2007. However, prosecutions in England continue to increase with two further organisations charged in recent weeks.

Sherwood Rise Limited were charged on 14 April following the death of an 86 year old woman, Ivy Atkin, on 22 November 2012. It is alleged they failed to provide Mrs Atkin with adequate food and drinks and check she was taking fluids. They are the first care home company to be charged under the Act.

On 21 April, Maidstone and Tunbridge Wells NHS Trust were charged after a woman died giving birth by emergency caesarean on 9 October 2012. NHS Trusts are one of a wide range of statutory public bodies that can be prosecuted under the Act although so far the majority of prosecutions have been against private companies.

As prosecutions increase in England it seems only a matter of time before we see the first prosecution in Scotland. I will keep you updated on further developments.

If you have any questions upon the Corporate Manslaughter and Corporate Homicide Act 2007 or any other Health and Safety related queries please contact me or your usual contact in the Brodies team.

Health and Safety

Brodies is the only health and safety team in Scotland within a full service law firm backed by a top insurance practice, which allows us to guide clients through every stage of the health and safety process.
Health and Safety