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New Legal Digest Assessing a Company Directors’ Personal Liability

30th July 2019 RIAMS

As some of you will know, the Legal and Enforcement forum on RIAMS Communities features regular blogs and case law summaries by Tim Everett, former President of the CIEH and now a researcher of Environmental Health law at De Montford University, Leicester.

The latest case law summary highlights R v Edward McIntosh [2019] EWCA Crim 231; this case was an appeal to the Court of Appeal against the sentence imposed and focused on a “directors’ personal liability for offences committed by the companies they are officers of” which “includes taking into account their own assets when fixing responsibility for costs etc.”

Mr McIntosh, the sole director of Caledonian Waste Ltd, was charged with 8 offences on the indictment and pleaded guilty to 7 of these following extensive discussions with the Environment Agency on his role and culpability. You can read a full breakdown of the offences committed on RIAMS Communities or by clicking here.

In deciding the sentence, the first trial judge imposed a community order for 200 hours of unpaid work, disqualified him from being a director for 5 years and imposed a costs order of over £36,000. In appealing this sentence, the Court of Appeal ruled that the trial judge had been “right to take into account the £255,000 equity Mr McIntosh had in his own property”. They dismissed the appeal.

To read Tim’s breakdown, which includes more details on the offences prosecuted and the courts reasoning, click here.