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Health & Safety Disputes

R -v- Balfour Beatty Rail Infrastructure Services [2006-2007]

Hatfield rail disaster on 17 October 2000.

At about 12:23 on 17 October 2000 a GNER train, bound from London to Leeds, was rounding a bend between Welham Green and Hatfield stations at 115 miles per hour when two sections of the track disintegrated and the train was derailed. The track failed as a result of brittle fractures, initiated by gauge corner cracking (GCC). The gauge corner is part of the curved portion of the railhead and GCC results from rolling contact fatigue.

Prosecution

Subsequent prosecution of the defendant under section 3(1) of the Health and Safety at Work etc Act 1974 ('the 1974 Act'), to persons not in its employment in breach of section 33 of that Act. Acting for the Defendant.
EWCA Crim 1586 [2007] Bus LR 77 Court of Appeal Criminal Division

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