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  • Corporate Manslaughter

    By pmadmin
    Dec 9th, 2014

    Corporate Manslaughter

    6 April 2008 – Corporate Manslaughter was brought into law.

    Corporate Homicide Act 2007 merged with Corporate Manslaughter Act.

    A senior individual of the company has to be responsible for the decision involving a death (known as the identification principle).

    The following needs to be proved:

    • the defendant is a qualifying organisation;
    • the organisation causes a person’s death;
    • there was a relevant duty of care owed by the      organisation to the deceased;
    • there was a gross breach of that duty;
    • a substantial element of that breach was in the way      those activities were managed or organised by senior management;      and
    • the defendant must not fall within one of the exemptions      for prosecution under the Act.

    The Highways Authority has a duty to maintain roads – section 41 Highways Act 1980 – the failure to do so does not give rise to a duty of care to a motorist in negligence.

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