header-logo header-logo

Worth the wait?

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

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll