header-logo header-logo

05 July 2007 / Bilal Rawat
Issue: 7280 / Categories: Features
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll