Personal injury advice from
Thompsons Solicitors
CPS to Review Decision on Workplace Death Following High Court Order
29th December 2006
Our solicitors have pursued a Judicial Review that has led to an order by the High Court for the Crown Prosecution Service (CPS) to review its decision not to charge an employer with corporate manslaughter following the death of a young employee.
Fatal Workplace Accident
Daniel Dennis was only 17 years old when he was killed in an accident at work during his first week with North Eastern Roofing in April 2003.
The fatal accident occurred when he fell through a skylight on the roof of a B&Q store after being sent up to fetch some timber, as he had received no training for working at height, was not provided with any safety harness and the skylight was not cordoned off. His employer had previously been informed of his lack of training and experience.
At the subsequent inquest into Daniel’s tragic death, the jury returned a verdict of unlawful killing in under 10 minutes.
High Court Ruling
A ruling was made on 29 December by Lord Justice Waller that the CPS must review the evidence of the case involving the incident and reconsider its decision not to bring charges of gross negligence manslaughter.
The case was just the second occasion in legal history that the CPS have been brought to court in respect of a fatal workplace accident. The decision made by the High Court highlights the lack of expertise on the part of the CPS in the investigation of corporate manslaughter and workplace death cases, together with their apparently insufficient understanding of health and safety law.
Lord Justice Waller stated that it is “seriously arguable that a different decision might be made once account is taken of these matters”.
Our solicitor representing Daniel Dennis’ family said of the decision “This is a landmark ruling as it’s only the second case where the courts have interfered in a workplace death. It is shocking that in this case, and so many cases, the CPS failed to properly consider the bringing of manslaughter charges. We now expect the CPS to review and overhaul the way they consider the evidence in cases involving workplace deaths. It is essential they become more proactive, take a greater interest in the inquest proceedings and develop greater expertise in health and safety law. This case also exposes the desperate need for the new corporate manslaughter laws currently before Parliament, though as an unincorporated company, Daniel’s employer would not be covered by the Corporate Manslaughter law as it is currently worded.”
Accident at Work Compensation Claims
If you or a member of your family has suffered a personal injury at work due to the negligence of an employer, our specialist lawyers may be able to help you claim compensation.
Contact The Legal Line on 0800 0328511 or complete an online claim enquiry form for cost free, expert advice and assistance.
Contact us
Testimonials
"It wasn't realistic for me to work any more and the loss of my income placed an additional strain on us."
Jane Evans
Mother of Rebecca
Personal Injury News
