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05 March 2010 / Jennette Newman
Issue: 7407 / Categories: Features , Health & safety
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Uncharted territory

The Sentencing Guidelines Council (SGC) recently published its definitive sentencing guideline for organisations convicted under the Corporate Manslaughter and Corporate Homicide Act 2007 and for health and safety offences which cause death.

The guidelines came into effect on 15 February 2010, and arrived just before the proposed trial of the first company to be charged under the Corporate Manslaughter Act, Cotswold Geotechnical Holdings, although the trial was subsequently delayed due to the ill health of its managing director.

The Corporate Manslaughter Act, which came into force in April 2008, was the New Labour government’s most radical piece of legislation in the field of health and safety law. The Act only passed through Parliament after several defeats in the House of Lords and a government climb-down on deaths in police custody.

It abolished the old principle that a company could only be liable for manslaughter if the “directing mind” was proven to be responsible for gross failings which resulted in death. The Act replaces the directing mind principle with a gross negligence test, in which a

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

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Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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