Network Rail Infrastructure, R. v

Network Rail Infrastructure, R. v

Network Rail's systemic failures in planning and integrating safety procedures for rail delivery operations, including lack of robust method statements and insufficient communication with contractors, materially increased the risk of fatal accidents and justified the level of fine imposed.

Parties
Appellant: Network Rail Infrastructure Limited; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
25 May 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Corporate Liability, Workplace Safety, Sentencing, Statutory Interpretation
Criminal Law Health and Safety Law Corporate Liability Workplace Safety Sentencing Statutory Interpretation

Case Brief

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Parties

Network Rail Infrastructure Limited

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the fine imposed on Network Rail was manifestly excessive
  2. 2 Whether Network Rail's offence caused the deaths
  3. 3 Assessment of Network Rail's culpability relative to others

Ratio Decidendi

Network Rail's systemic failures in planning and integrating safety procedures for rail delivery operations, including lack of robust method statements and insufficient communication with contractors, materially increased the risk of fatal accidents and justified the level of fine imposed.

Court Disposition

appeal dismissed

Orders

  • Fine of £666,667.00 against Network Rail upheld
  • Network Rail to pay £50,000 prosecution costs