Austin Welch secures huge success for corporate client in health and safety prosecution

Austin Welch represented Losberger UK Limited in a prosecution brought by South Kesteven District Council alleging a breach of section 2 of the Health and Safety at Work Act. The prosecution related to an incident in 2015 when an employee of the company suffered a serious injury at work when a 130kg steel beam fell onto his leg.

Following a guilty plea having been entered on a previous occasion, the Prosecution had submitted to the court that in accordance with the sentencing Council Guidelines for Health and Safety offences:

 (i) this was a case involving ‘very high’ culpability;

(ii) the harm risked by the defendant’s breach fell into ‘Level A’, being a risk of death;

(iii) the likelihood of harm occurring was ‘high’; and

(iv) that the court should take into account the assets and €150 million turnover of the German based parent company Losberger GmbH.

The prosecution suggested that this was a case attracting a fine with a starting point of £450,000 with a range between £300,000 and £1.6 million.

Following submissions by Austin the court rejected each of the prosecution submissions as to the proper categorisation of the case under the Guidelines and found that:

 (i) the culpability of the defendant in this case fell within the ‘medium’ category;

(ii) the harm risked was ‘Level B’;

(iii) even though there had been actual harm caused the likelihood of harm occurring should be properly categorised as ‘medium’; and 

(iv) this was not a case in which it was appropriate to pierce the corporate veil and so the finances of the German parent company should be disregarded.

 The court imposed a fine of £25,000.

 Austin was instructed by Addleshaw Goddard LLP