Overview

Corporate Liability

Corporate Manslaughter is a topical issue that directors and senior managers must be fully conversant. The emergence of new corporate manslaughter legislation, the Corporate Manslaughter and Corporate Homicide Act 2007, effective from 6th April 2008, emphasises Governmental determination to curtail the hundreds of unnecessary deaths that occur each year as a result of commercial activity.

It is agreed that justice requires that corporations be punished where death or serious injury results, where the conduct of a corporation has been seriously blameworthy in the circumstances. This is the notion of retribution - the vindication of the victim in recognition of the violation of their rights.

One of the aims of the Corporate Manslaughter and Corporate Homicide Act 2007 is to make it easier to prosecute companies. Whilst companies do not intend to cause death, their intentional acts, such as failing to put into place a system to ensure the safety of people in their care, may lead to death. It is inevitable that a company's reckless disregard of the ingredients of the new legislation. will be considered conduct that has fallen far below what can be expected of reasonable people in the circumstances. A conviction and severe fine might have such severe consequences, from which the company may never recover.

Individual Liability

In terms of individual liability it is the common law offence of manslaughter by gross negligence that will be relied on, where it can be shown that personal conduct amounts to an offence. The result for the individual whose negligence can be linked to the death, is prosecution for manslaughter and on conviction, the likelihood of imprisonment. It is therefore imperative that senior management understand the types of situations that give rise to corporate and individual liability.

The Corporate Manslaughter and Corporate Homicide Act 2007 is a timely reminder for senior managers to review current health and safety management systems. In the absence of such a comprehensive system, to devise and institute an adequate and effective safety policy into overall corporate strategy, emphasis being given to how senior management manage or, organise their activities.

The comprehensive presentation "Understanding Corporate Manslaughter" will assist this process.