Corporate manslaughter — a brief update
The Corporate Manslaughter and Homicide Act 2007 facilitates the prosecution of corporate entities where a death is caused by their gross breach of a duty of care and senior management failings are a substantial element of the breach.
The offence requires the following elements to be proved against the defendant organisation:
- the way in which its activities are managed or organised causes a person’s death;
- the death is the result of a gross breach of a relevant duty of care owed to that person; and
- the way in which the senior management managed or organised the organisation’s activities is a substantial element of the breach.
Although there have been relatively few prosecutions to date, the wide sentencing powers, which include an unlimited fine and orders to make compensation, remedy faults or publicise the breach, can have a significant impact on a defendant’s finances and reputation…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
The Court of Appeal has upheld a summary judgment on an application for a declaration of non-infringement of patent.
The design in issue in Cezar v OHIM was for a skirting board duct.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.