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