- A parent company’s turnover not available to a subsidiary in setting a health and safety fine (R v Bupa Care Homes)
- What was the background?
- What did the court decide?
- What are the practical implications of this case?
- Case details
Corporate Crime analysis: Following the death of a resident from legionnaires’ disease at a BUPA Care Homes owned and operated home, BUPA had been fined £3m. The fine had been calculated to reflect the large turnover of BUPA Care Homes’ parent company. The Court of Appeal quashed the £3m fine and substituted a fine of £1.5m. This judgment confirms that the turnover to be considered in setting a fine is the turnover of the company before the court, not any parent. Richard Matthews QC and Eleanor Sanderson of 2 Bedford Row, who appeared for the appellant Bupa Care Homes, comment on the case.
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