New Act puts Law on a Clearer Footing for Corporate Manslaughter and Corporate Homicide Act

by Susan Jennings, associate at Furley Page Solicitors

The implementation of the Corporate Manslaughter and Corporate Homicide Act in April puts the law on a clearer footing, implementing a new statutory offence.

It will be easier to take action against companies whose negligence causes death. Under the old law it was difficult to get justice for the victim’s family.

Insurance companies believe the new legislation will cost companies millions. Not necessarily so, if they review their practices and procedures to ensure they comply with health and safety requirements and demonstrate that reasonable procedures and policies are in place to minimise risk to whom they owe a duty of care.

Partnerships, trade unions and employers’ associations will also be liable under the new law.

Senior managers need to look closely at how they manage and organise their business activities. A jury will scrutinise health and safety breaches and whether there are attitudes, systems, policies or accepted practices that determine guilt.

A duty of care extends to supplying goods and services; commercial activities; carrying out construction or maintenance work; any other activity of a commercial nature or keeping or using plant, vehicles or other machinery.

The court will have the power to make an order requiring the organisation to take remedial action within a specified time frame – and worse, to publicise that it has been convicted of an offence; the details; amount of the fine and terms of the remedial order. Failure to comply could lead to a hefty fine.

Although an individual can’t be guilty of aiding, abetting, counselling or instigating an offence of corporate manslaughter, the liability of directors under health and safety law or general criminal law is unaffected.

Get My Name Down Article Site: http://getmynamedown.com

For more information contact Susan Jennings at Furley Page Solicitors, Solicitors Kent on 01634 828277

Please Rate this Article

5 out of 54 out of 53 out of 52 out of 51 out of 5 

Not yet Rated