How has Chargot affected future prosecution practice? By Tim Horlock QC & Matthew Snarr
In R v Chargot Ltd [2008] UKHL 73, [2008] All ER (D) 106 (Dec) the House of Lords adjudicated on the burden that the prosecution bears in order to establish a breach of duty under ss 2 and 3 of the Health and Safety at Work (etc) Act 1974 (HSWA 1974). In short, the issue turned on whether the prosecution merely needed to prove that a risk of injury existed or whether the prosecution needed to identify and prove particular acts or omissions which it was alleged gave rise to the breach of duty.
On 10 January 2003 an employee, Mr Shaun Riley, of Chargot Limited, the first appellant, was fatally injured while driving a dumper truck. The second appellant, Ruttle Contracting Limited, was the principal contractor on site. The third appellant, George Henry Ruttle, was a director of Chargot Limited and the managing director of Ruttle Contracting Limited.
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