Corporate Manslaughter and Corporate Homicide Act 2008: application and effect of the legislation
Following the third conviction and sentence for an offence contrary to s1 Corporate Manslaughter and Corporate Homicide Act 2008, even now we have only a slightly better insight into the application and effect of the legislation. Whilst the enforcement community has applauded what is seen as further success this prosecution of the relatively small Lion Steel Equipment Limited has provided very little assistance to those at peril of proceedings by way of clarifying the key provisions of the Act such as “senior management failure”, and what, for example, that might mean for a far larger business concern.
There have now been three convictions for the “new offence”. However in the latest case this was achieved in conjunction with the unsuccessful prosecution of three individual directors for neglect contrary to s37 of the Health & Safety at Work Act 1974 and the common law offence of Gross Negligence Manslaughter. DLA Piper LLP represented the joint Managing Director of the company, Kevin Palliser, and were delighted to secure his acquittal on both counts and obtain an order for costs in his favour…
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