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05 July 2007 / Bilal Rawat
Issue: 7280 / Categories: Features
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Good intentions

Does the long-awaited corporate manslaughter legislation represent a lost opportunity? asks Bilal Rawat

Alongside the ritual demise of British hopes at Wimbledon, the summer of 2006 was marked by predictions that an offence of corporate manslaughter would be enacted by April 2007. Sadly, these proved premature. A commitment to introduce legislation on corporate killing first appeared in the Labour manifesto of 1997. With the departure of Tony Blair still fresh in our minds, it has yet to become law. There remains cautious optimism that this measure will be implemented before the end of the year.

A NEW STATUTORY OFFENCE

Currently, a company can only be convicted of the common law offence of gross negligence manslaughter if an officer is first found guilty of the same offence. That person must be identified as a “directing mind” of the company—someone so senior as to embody the organisation. This is the identification principle. In prosecutions involving large organisations with complex management structures it has proved difficult to identify a directing mind to establish liability. The seven successful prosecutions since

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MOVERS & SHAKERS

Irwin Mitchell—Louisa Donaghy

Irwin Mitchell—Louisa Donaghy

National military team expands in Leeds with legal director appointment

Taylor Wessing—Jamie Humphreys

Taylor Wessing—Jamie Humphreys

Disputes and investigations team welcomes product liability partner hire

Spector Constant & Williams—Michael Michaeloudis and team

Spector Constant & Williams—Michael Michaeloudis and team

London firm launches employment department with four-lawyer team hire

NEWS
Client complaints about ‘more modest bills’ of £50,000 or less would be handled by the Legal Ombudsman rather than the courts, under Civil Justice Council (CJC) proposals
Global firm Dentons could be forced to return to the Solicitors Disciplinary Tribunal (SDT) over its vetting of a client inherited from its merger with French firm Salans, following a Court of Appeal decision
Judges are using artificial intelligence (AI) tools to help them produce anonymised judgments, Sir Colin Birss, Chancellor of the High Court, has said
Solicitors would be required to enter into ‘mandatory ethical discussions’ each year, under Solicitors Regulation Authority (SRA) proposals
Family law chambers 4 Brick Court will move to join 42BR Barristers this summer to create the largest single-site chambers in England and Wales, with more than 150 barristers
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