Summary

At 12:10 hrs on Tuesday 11 September 2018, a pedestrian who was using a footpath crossing near the Saughton tram stop, was struck and fatally injured by a tram travelling at 53 km/h (33 mph) from Edinburgh city centre towards Edinburgh airport.

The pedestrian was seemingly unaware that the tram was approaching when he walked onto the crossing. The evidence indicates that from the point where he would have had a clear view of the approaching tram, he was not looking out for trams. He may have looked earlier, but would not have had a clear view of approaching trams from the footpath.

Explanation of RAIB’s findings and recommendations

The investigation found that although the tram driver had used the tram’s bell to sound repeated warnings on the approach to the crossing, this audible warning was not sufficiently loud for it to be heard and acted upon by the pedestrian until it was too late.

The RAIB found that the tram’s audible warning devices were not sufficiently loud to provide an effective warning to pedestrians under many operational circumstances. It also found that Edinburgh Trams Limited did not have a process in place for regularly reviewing the risks at its off-street pedestrian crossings.

Recommendations

The RAIB has made four recommendations. One of the recommendations is for Edinburgh Trams Limited to improve the audibility of its trams’ warning devices. Another recommendation is for it to identify the risk factors associated with its off- street pedestrian crossings and to develop a process for regularly reviewing the risk control measures. Two further recommendations are made to the Light Rail Safety and Standards Board (LRSSB). One is to improve the current guidance on the audibility of tram warning devices and another is to improve the guidance on the design and layout of tram footpath crossings. The report also identifies a learning point concerning the importance of maintaining records relating to risks that have been identified during project safety assurance processes, and requesting appropriate technical expertise where necessary.

Notes to editors

1. The sole purpose of RAIB investigations is to prevent future accidents and incidents and improve railway safety. RAIB does not establish blame, liability or carry out prosecutions.
2. RAIB operates, as far as possible, in an open and transparent manner. While our investigations are completely independent of the railway industry, we do maintain close liaison with railway companies and if we discover matters that may affect the safety of the railway, we make sure that information about them is circulated to the right people as soon as possible, and certainly long before publication of our final report.
3. For media enquiries, please call 01932 440015.

Newsdate: 25 July 2019

Pest controllers and costs to Defra since April 2013.

TSE infectivity of blood and blood products: Pages 1 to 35 of file 65397264

Lam Chin Seong (61), from Barnet, was the sole director of Novari Limited and Novari (at the O2) Limited.

Incorporated in 2012, the two companies traded as the Water Margin Chinese Restaurant in Portsmouth, as well as the Water Margin Chinese Restaurant and Water Margin Jazz Club in Greenwich.

Each company had an annual turnover in excess of £1 million. Lam Chin Seong, however, registered the companies falsely with HMRC, describing them as arts-based businesses with estimated annual turnovers of £10,000 and £80,000, which were significant under-valuations.

He then failed to file VAT returns for either company, which caused HMRC to raise assessments on the companies’ behalf based on their falsely declared annual turnovers. The assessments were, as a result, for much smaller amounts than was really owed – sometimes only for hundreds of pounds.

Lam Chin Seong caused the companies to pay the smaller assessments rather than correcting the error, which meant over £1 million in tax went unpaid over four-and-a-half years.

In July 2016, an HMRC investigation uncovered the fraud, and the restaurants ceased to trade soon after. Lam Chin Seong put both companies into liquidation in winter 2016 and autumn 2017 respectively.

In November 2018, Lam Chin Seong pleaded guilty to two counts of being knowingly concerned in fraudulent evasion of VAT. He was sentenced to three years in prison in December 2018.

HMRC then worked with the Insolvency Service to secure Lam Chin Seong’s disqualification as a director in addition to his custodial sentence.

In June 2019, the Secretary of State accepted a disqualification undertaking from Lam Chin Seong for 12 years. Effective from 3 July 2019, Lam Chin Seong is banned from directly or indirectly becoming involved, without the permission of the court, in the promotion, formation or management of a company.

David Brooks, Chief Investigator for the Insolvency Service, said:

Lam Chin Seong demonstrated a wilful disregard for the tax authorities and a 12-year ban prevents him from using limited liability to carry on his business practice in such a way.

This case illustrates the excellent day-to-day relationship the Insolvency Service has with HMRC, and we will continue to work with our partners to prevent misconduct.

Lam Chin Seong is of Barnet and his date of birth is January 1958.

Novari Ltd (Company Number: 08050268).

Novari (at the O2) Limited (Company Number: 08316802).

A disqualification undertaking has the effect that, without specific permission of a court, a person with a disqualification cannot:

• act as a director of a company
• take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership
• be a receiver of a company’s property

Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings.

Persons subject to a disqualification order are bound by a range of other restrictions.

Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.

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