Peter Smith acts in - R v. Holker Estates Ltd, Newmac Ltd & MR. N - Trial resolves with Fines for Defendants
Peter Smith was instructed by Ciaran Garnett of Plexus Law for one of the defendants in a highly publicised case involving the tragic death of a 4 year old boy.
Holker entered a guilty plea in early 2020
to a section 3 offence; Newmac and Mr. N not guilty pleas to a section 3 offence and a section 37(1).
In March 2022, instructions were given for Newmac Ltd to enter a guilty plea to the section 3; with no trial against Mr. N; the matter of the section 37(1) being left on the file or a not guilty verdict to be recorded, adjourned to the sentencing hearing.
In the result, Holker (on a causative basis) was fined £127,500 with £27,000 costs. The court only gave Holker 25% credit notwithstanding the date of its plea.
Newmac was fined £11,000 (on a non-causative basis, with 15% credit) and ordered to pay £5,000 cost. SLDC had claimed in excess of £150,000 in costs from Newmac, who relied upon the principle that any costs had to be broadly proportionate to any fine.
The court recorded a not guilty verdict against Mr. N.
The Westmorland Gazette report can be accessed here - Companies fined after boy drowned at Old Park Wood caravan park | The Westmorland Gazette
![woods](https://d1sfz4sbegniw9.cloudfront.net/dist/img/general/Old-Park-Wood-618068.jpg)
![Temporary Image](https://d3dtwc6p1xssbx.cloudfront.net/dcc-generic.webp)
Also Recently
-
Iain Simkin KC and Niamh Ingham successfully defend a client charged with multiple counts of rape and controlling and coercive behaviour.
Iain Simkin KC and Niamh Ingham, instructed by FMB Solicitors, successfully defend a client charged with multiple counts of rape…
Jul 19
-
Family and Court of Protection Summer Newsletter 2024
The Family & Court of Protection Team have published their Summer Newsletter!Read it below, or download as a PDF here:…
Jul 11