Double fatality corporate manslaughter trial of a VLO ends up with a HSWA 1974 sentence
13th Apr 2026
Simon Antrobus KC and Sandesh Singh represented an industrial gas supplier, A PLC, in what was expected to be the first corporate manslaughter trial involving a Very Large Organisation (VLO). However, on what was the third day of the trial, 25th February 2026, the Prosecution agreed not to pursue the corporate manslaughter charges against A PLC and its co-defendant, in return for guilty pleas to the charges under section 3(1) of the Health and Safety at Work Act 1974.
The case involved the tragic death of two pest control contractors who died laying bait boxes in a narrow ‘trench-like’ alleyway beside the first defendant’s factory, due to an oxygen deficient atmosphere created by leaking nitrogen ducting that had fallen from the roof. A PLC were the supplier and installer of the ducting.
The sentencing hearing lasted 3 days and resulted in a fine for A PLC of £2,475,000.
The sentencing Judge, Mrs Justice Farbey, accepted the defence submissions that culpability was medium (the prosecution said high) and that likelihood of level A harm was low (the prosecution said high). The judge therefore took an initial starting point of medium culpability and HC3 before moving up two harm categories to reflect (i) causation of 2 deaths and (ii) the VLO uplift.
In sentencing the A PLC, Mrs Justice Farbey acknowledged the company’s “strong mitigation”, stating that “having operated in the UK for nearly 70 years in a sector that is recognised to be potentially hazardous, [A PLC] had until this incident an impeccable health and safety record. It has continued to operate safely since the incident 7 years ago …. It holds an extensive range of independently verified accreditations and certifications reflecting, among other things, its longstanding commitment to high standards of safety and environmental management. It has apologised unreservedly.”
Simon and Sandesh were instructed by Caroline May and Jamie Hare at Norton Rose Fulbright LLP.
The Judge’s sentencing remarks can be provided on request. For further details, email Toby Sparrow, sparrow@crownofficechambers.com.
