We Need To Talk About Corporate Criminal Liability

The fines of £10m for Transport for London and £4m for Tram Operations Ltd following the Croydon tram tragedy signal a wrong turn in health and safety sentencing, and corporate criminal liability generally

On 9 November 2016, seven passengers tragically were killed and 19 suffered life-changing injuries at Sandilands junction near Croydon when a commuter tram derailed. The tram was being driven at 73kph into a sharp turn, where the speed limit was 20kph and where any speed over about 50kph would inevitably cause over-turning. The tram driver, Alfred Dorris, told police that he was disorientated and thought he was heading in the opposite direction.

The safety regulator, the Office of Rail and Road, prosecuted Mr Dorris under health and safety law for failing to take 'reasonable care'. There was a lengthy trial at the Old Bailey and, in June 2023, Mr Dorris was acquitted by the jury. Experts agreed that 'driver disorientation' was the most likely cause and that