Date published: 01.09.08 - not release date

Companies warned over new corporate manslaughter charge

PRESS INFORMATION - press enquiries to Sam Dabbs on 07050 108985

DWF273/06

6 November 2006

Companies warned over new corporate manslaughter charge

A new offence of corporate manslaughter will make it easier to prosecute companies for fatal accidents, warns law firm DWF.

The Corporate Manslaughter and Corporate Homicide Bill, which was drafted following a series of rail crashes and has now received its second hearing in the Commons, could lead to big fines for organisations whose management failings result in the death of a worker. DWF says the Bill makes it all the more important that companies now review their systems in relation to health and safety.

Steffan Groch, a partner in the health, safety and environment team at DWF, says: “While it is possible to bring manslaughter actions against a company under current laws, in practice it can prove very difficult, particularly with large corporations, because it requires proof that an individual at the top was guilty of gross negligence. This new Bill will be a more effective way of holding organisations to account.”

Since 1992 only seven organisations have been convicted of gross negligence manslaughter, despite the fact that the Health and Safety Executive believes 70 per cent of work-related deaths are preventable.

While the UK’s record has improved, there were 220 fatal injuries to workers in 2004/5 and the total cost of accidents and work-related ill health in the UK is estimated at between £20-£32 billion a year.

Groch adds: “The new bill will target companies, not individuals, and will create a new offence where serious strategic management failings have led to death. It is likely to result in around 10 to 13 prosecutions each year.

“It is failings of senior managers that will make an organisation liable for the offence. Therefore companies would be well advised to review their management structure, identify who these individuals would be and make them aware of their role and responsibilities in the eyes of the law.”


Notes to editors:

DWF is one of the fastest growing law firms in the UK, with over 350 legal advisers (including 69 partners) and 600 people based in Manchester and Liverpool. DWF provides a range of services grouped under the following practice areas:

Corporate
Banking & Finance
Litigation
Real Estate
People
Insurance

DWF has developed extensive sector-specific expertise in a number of areas including: automotive, education, food and resourcing.

Further information on DWF is available via www.dwf.co.uk

Media enquiries to:
Sam Dabbs
Dabbs PR & Marketing
Tel: 01939 210503 or 07050 108985
Email: sam@dabbsprm.com