Search

BLOG

Alton Tower’s Owner Fined £5 Million Following Smiler Crash

Blog image

The owner of Alton Towers has been fined £5 million following the crash of the Smiler roller-coaster in June 2015, which left five people seriously injured.

In sentencing, the judge, Michael Chambers QC stated that he did not believe the crash had affected the organisation’s business, which turns over £50 million a year, and said the fine would have been £7.5 million if the case had gone to trial. It was reduced by a third, to £5 million, after the company’s early guilty plea.  The operating business was also praised for its exceptional co-operation with the investigation.

Application of the Sentencing Guidelines for Health and Safety, Corporate Manslaughter and Food Safety and Hygiene Offences

Today’s sentencing reflects the general trend of larger fines being handed down to corporations who breach health and safety regulations, following the introduction of the Sentencing Guidelines for Health and Safety, Corporate Manslaughter and Food Safety and Hygiene Offences (the Guidelines) in February 2016.  Under the Guidelines, the court firstly determines the offence category, using the culpability and harm categories which are set out in the Guidelines. Secondly a starting point for the sentence to be applied is established by examining the company’s annual turnover. The court will then consider any aggravating and mitigating factors that could increase or decrease the sentence.

In this case, the early guilty plea and full co-operation with the investigation led to the fine being heavily reduced.  Top executives had also admitted fault from day one and apologised to the victims and their families.  However, reference was also made to previous convictions against the operating company, which included a fine of £300,000 following the death of a person at Warwick Castle, over a separate health and safety breach.  Mr Chambers QC saw this as an aggravating factor.

Fisher Scoggins Waters are a London based law firm who specialise in construction, manufacturing and engineering matters. If you have recently had a health and safety incident occur in your workplace and require an emergency response or expert legal advice, please phone us on 0207 993 6960.

Follow our company page on linkedin for future updates and our views on the latest developments

Categories: Health & Safety

Please leave a comment

Enter the name you would like to appear on the comment.
(required)
Enter the email you would like to use to get updates. You email is not visible and can not be used by other users.
(required)
Enter you comment help.

 
  Post Comment

Book Launch - 27 November 2019

Will you be joining us?

HSE and Environment Agency prosecution: A new climate

27 November 2019 | Bloomsbury, 50 Bedford Square, London, WC1B 3DP

Event Registration

First name
Surname
Email address
Any additional information
Post/Event URL
Post/Event Title
CAPTCHA image
Enter the code shown above in the box below.

Tag Cloud

‘fit for purpose’ obligations 2016 Adjudication adjudication lawyer Adjudication Notice Adjudication process appeal appointing an adjudicator Arbitration Artificial Intelligence Asbestos benefits of off-site construction bonfires book launch breach of contract Brexit Building Defects business interruption Business Interruption Insurance CDM CDM Regulations chambers and partners Charlotte Waters civil proceedings claim payments Claims client COMAH commercial contracts complex construction claims Compliance compulsory sprinklers in warehouses consequential loss construction Construction Construction & Engineering construction contract Construction contract dispute Construction contracts Construction dispute construction dispute lawyer construction dispute resolution construction dispute resolution solicitor construction dispute solicitors Construction Disputes Resolution Construction industry Construction Magazine contracts Contribution claim Corporate Manslaughter Corporate Responsibility costs criminal investigation criminal proceedings cut out fuse Defective Building Work Defective Premises Act developer developers disadvantages of off-site construction Disaster disaster claim Disasters Dispute dispute resolution Disputes DPA Dr Louise Smail Emergency response Emergency Response Solicitors enforcement notices Engineering Engineering dispute Environment Agency environment law Environmental Environmental Agency Environmental damage Environmental Law environmental waste EU EU Procurement Europe Evidence Expert evidence expert witness falls from height Fatal Accidents fee for intervention Fees For Intervention FFI FIDIC Contracts fine Fines Fire Fire Claim fire claims fire damage fire damage lawyers fire sprinkler systems fireworks flood flood claim flood damage food hygiene Fracking fracking claims Fraudulent claims FSW Gross Negligence Manslaughter Guide to Adjudication H&S fine increases; health and safety fines; Health & Safety health & safety breach health & safety sentences health & safety sentencing guidelines health & safety sentencing large corporations health and safety health and safety Health and Safety Executive heave Higher Fines Honey Rose v R How to appoint an adjudicator HSE Insolvency insolvent insurance Insurance Act 2015 insurance bill Insurance Broker insurance claim insurance cover Insurance Disclosure Insurance Disclosure insurance dispute insurance dispute solicitors Insurance Warranties ISO 45001 join us joint venture Judicial Review latest news Law Lawyer legal 500 legal advice privilege Legal Expense Insurance legal professional privilege legal retainers Liability Liquidated Damages Litigation litigation privilege local bodies magistrates’ courts Major Property Damage Manufacturing Martinisation material breach Mediation Michael Appleby Micheal appleby modern methods of construction (MMC) modular construction Mr. Gutaj Notice of adjudication panel firms party wall Performance Bond planning powers of an adjudicator pre-fabrication procurement procurement injunction procurement model Property Damage property danage Public Contract Public Contracts Public Contracts Regulations public procurement public procurement challenges public procurement relationship public sector Publicity Order PUWER recruitment regulation 11 Relief Resolution riot Riot Compensation Act 2016 Risk Risk Assessment safety in the workplace Sanctions Self-build sentence sentencing sentencing guidelines Serious Fraud Office SME Sneller Sony specialist risk and safety consultant Statute Barred Sub-Contractors subrogation subsidance subsidence TCC TCC Guidance team Technology and Construction Court The Adjudicator’s Decision and Costs The Enterprise Act The Lord Young Reforms The Powers Of An Adjudicator The Public Contracts Regulations 2015 The referral notice and response Training tree root UK Underwriters Warehouse insurance Warranties waste water damage WEEE What is Adjudication? what should an adjudication refal notice contain work equipment

Search The Site

Accreditations

 

The Legal 500 - The Clients Guide to Law Firms


Contact Us Now For Advice And Guidance

Enter your name
Enter your surname
Enter your Email
Ask us a Question?