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Uncharted territory

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

Kingsley Napley—Claire Green

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Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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