header-logo header-logo

22 May 2026 / Simon Parsons
Issue: 8162 / Categories: Features , Criminal , Liability
printer mail-detail

Senior managers beware…

250381
© Getty images
Sweeping reforms to corporate criminal liability mean more organisations—and more senior staff—could find themselves under scrutiny, warns Simon Parsons

By the end of the 19th century, it was recognised that corporations are separate legal entities independent of their shareholders and managers, as confirmed in Salomon v Salomon [1897] AC 22. Despite this, the criminal law developed a criminal liability for corporations acting through their controlling officers.

In Tesco Supermarkets Ltd v Nattrass [1972] AC 153, it was held that the act of the supreme governing authority of a corporation (namely the board of directors or the managing director or controlling officer) constituted an act of the corporation itself. This is known as the identification doctrine. The problem with applying the identification doctrine in respect of corporate liability for manslaughter was that successful prosecutions were only possible where a company was small.

The Corporate Manslaughter and Corporate Homicide Act 2007 abolished killing by gross negligence manslaughter in respect of corporations and abandoned the identification doctrine so that a corporation cannot be attributed

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll