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R v British Steel Plc [1994]
Defence of reasonably practicable; proper delegation; directing mind
of the company
Facts
In 1990, British Steel decided to move a steel platform by crane.
Two workers were provided by sub-contractors to do the repositioning
work. British Steel provided all equipment and a British Steel
engineer, Mr Crabb, was made responsible for supervision. The
platform was cut free without first being suspended from the crane.
While one of the workers was underneath the platform, another worker
walked on it causing it to collapse, fatally injuring the worker
underneath.
British Steel accepted at Sheffield Crown Court that the incident
constituted a breach of s. 3(1) of the 1974 Act. However, they
stated that the defence of reasonable practicability enabled them to
submit a defence on the basis that the directing minds of the
company had taken all reasonable care in delegating supervision to
Mr Crabb.
The Decision
The judge ruled that the defence of proper delegation did not arise
and British Steel was convicted. British Steel appealed.
The Court of Appeal held that s3 (1) imposes absolute liability
subject to ‘reasonably practicable’ measures to avert the risk and
the appeal was dismissed.
The case reinforces the concept that corporations cannot avoid
liability simply because the act causing the breach was carried out
by someone who was not the directing mind of the company. Nor can
they avoid responsibility simply by taking reasonable care to
delegate responsibility.
Note
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