The Southall rail crash resulted in seven deaths, 150 injuries and a fine of £1.5m for Great Western Trains. One significant aspect of the proceedings was the failure to convict the company of manslaughter. It has long been accepted in law that to convict a company of the offence, it is necessary to have evidence of gross negligence on the part of a senior figure within the company. The case was considered on appeal and the trial judge’s ruling as to the need for such evidence was affirmed.
In all but the smallest company there is bound to be some distance between the situation where management has ‘hands on’ responsibility and the position where more distant figures, usually in the boardroom, are concerned with matters of policy and financial management. The charge of manslaughter failed against Great Western Trains because of the lack of evidence of any such direct involvement by an individual who could be held to have committed an act of gross negligence.
