header-logo header-logo

16 August 2007 / Gerard Forlin
Issue: 7286 / Categories: Opinion , Professional negligence
printer mail-detail

Worth the wait?

Ten years of wrangling have failed to settle the corporate manslaughter debate, says Gerard Forlin

After more than a decade of wrangling, bartering, debate and delay, the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007) finally received Royal Assent on 26 July 2007. It will be brought into force by secondary legislation on 6 April 2008.

It has not previously been possible to pierce the corporate veil and successfully “convict” a large- or medium-sized organisation. With the advent of CMCHA 2007, it is highly likely that such organisations will now be realistically in the telescopic sights of the prosecution agencies after April 2008. In theory, CMCHA 2007 will not change the law regarding the prosecution of individuals (who are increasingly being imprisoned following conviction for manslaughter). The reality is, however, that as police investigations increase, more individuals will be caught up in the process, resulting in more arrests and more convictions.

CMCHA 2007 permits the jury to review the corporate culture inside an organisation and its general attitude to safety enforcement and control

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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll