Corporate Manslaughter Case Study

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About Corporate Manslaughter Act In United Kingdom, Corporate manslaughter is a crime. The Corporate Manslaughter & Corporate Homicide Act 2007, which came into force on 6 April 2008, is an act of the Parliament of the United Kingdom according to which, a corporation is capable of committing a criminal offence. The term “Corporation” includes all corporations, partnership firms, police forces and various government departments. A corporation can be convicted of criminal offence if the order of their working causes someone’s death or breaches relevant duty of care. The act confirms that the liability will be determined by the failure of the management and no longer is dependent upon identification principle. Section 1(3) of the act states …show more content…

The accident was a result of serious errors and negligence which resulted in the drowning of four teenagers. The two instructors who accompanied the group were not even qualified to teach canoeing. Mr. Peter Kite, owner of OLL Limited, was found guilty and the Court of Appeal sentenced Mr. Kite to spend 3 years in jail which was later reduced to 2. His company was fined £60,000 and this was the first successful prosecution of a corporation for manslaughter through gross negligence. Clapham Rail Disaster The Clapham rail disaster, one of the worst rail disaster of Britain, involved multiple train collision in London. On 12 December 1988, a passenger train crashed into the rear of another train that had stopped at a signal and another empty train then crashed into the debris. The accident took 35 lives and nearly 500 were injured. The collision was caused due to faulty signal and wiring fault. British Rail Board was held liable for the incident as the board was responsible under “Vicarious Liability” principle. British Rail was fined £250,000 but no one was prosecuted for manslaughter. Hatfield Rail …show more content…

Alex Wright, 27 years old geologist, was employed by Cotswold Geotechnical. He was investigating soil conditions in a deep trench when it collapsed and killed him. The case here was that Mr. Wright was working in a dangerous trench because the company failed at taking reasonable measures to protect Mr. Wright. The jury found that the company’s was of work in digging trial pits was unnecessarily dangerous. Moreover, the company ignored the industry guideline that prohibits entry into excavations deeper than 1.2 meters. The company was fined £385,000 which was to be paid over a period of 10 years. This heavy fine, representing 250% of its turnover, ended the business. (The Telegraph,

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