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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

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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