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Corporate and individual prosecutions for manslaughter
Rank: Forum user 
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All,
Can I recommend a review of the case law and available articles on the recent Sellafield Limited and Network Rail Infrastructure Limited [2014] EWCA Crim 49 and Mobile Sweepers (Reading) Ltd [corporate manslaughter and health and safety convicitons].
At first glance they may not appear to be too relevant to health and practitioners but that could not be further from the truth. These cases are likely be referred to by the prosecution in all future fatal/serious incident cases. In particular, they are likely to be significant for boards and [very] senior managers of all sizes of business and public body prosecuted for corporate manslaughter and/or health and safety breaches.
Regards.
DJ
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Rank: Super forum user 
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Does it?
The fines for these companies were but a flea bite.
Until corporate structure hit the bonuses of the top people hard, if there are H&S events nothing will change.
Bosses of big companies are immune to prosecution and always have been.
They are remote enough not to be effected by the loss of a colleague and most don't care as staff are expendable anyway.
H&S law only works properly against the boss of a small company - this is what needs fixing.
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Rank: Forum user
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Walker,
Nothing I can say to your post except that the law moves very slowly, but it does move. The Sellafield and Network Rail case is a step in the right direction.
Regards.
DJ
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Rank: Super forum user
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djupnorth wrote:Walker,
Nothing I can say to your post except that the law moves very slowly, but it does move. The Sellafield and Network Rail case is a step in the right direction.
Regards.
DJ
Oh to be young and optimistic like you DJ ;-)
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Rank: Super forum user
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Whislt I can't comment on the Sellafield and Network Rail cases I am unsure as to how the Corporate Manslaughter prosecution contains any "messages".
Since the CM Act did not introduce any new legal duties so how can a prosecution contain a message? Or am I missing something?
Phil
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Rank: Super forum user 
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The case that DJ is illustrating has nothing to with Corporate or individual manslaughter. It is a judgment by the House on the levels of fines for large billion plus turnover organisations for incidents which are considerably less than a fatality.
I don't know why the header included Corporate and individual prosecutions for manslaughter - clearly misleading in the context of things. CM guidance for fines has already been established. Still far too low in my opinion and as yet only SMEs have been prosecuted. The corporate veil still protects the MNEs and individual board members.
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Rank: Forum user 
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I did my masters of law degree disseration on Corproarte Manslaughter, happy to share if anyone wants a copy?
But agree with Ray, this case is nothing to do with Corporate Manslaughter or Gross negligence manslaughter!
David
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Rank: Forum user
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I can confirm that a case I am currently taking against a large retail organisation that would historically have been heard in Magistrates' Court has been passed to Crown Court for sentencing after citing of Sellafield/Network Rail case so we are expecting a higher level of fine?
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