Posted By Stephen D. Clarke Hi, My understanding is that the fines following successful prosecution will be very high e.g. 10% of turnover in line with fines for financial irregularities. But I don't think you can insure against criminal action in fact isn't it illegal. However individual senior managers may well be advised to check they are covered in case they are taken to court for a S37 or gross negligence manslaughter offence as these are predicted to be more likely now. I think Gillian Beckingham at Barrow-in-Furness had to find the necessary funds for her individual defense.

Posted By Jay Joshi An individual person in "personal capacity" cannot be charged and tried under the Corporate Manslaughter and Corporate Homicide Act 2007.

Posted By garyh You can't insure against fines for criminal cases. However my understanding is that in the event of a civil case then you would likely be covered by professional indemnity insurance (if you have it!)

Posted By Phil Grace Lots of good stuff - and some interesting points No personal liability under Corp Manslaughter so what is there to insure...? You can't insure against fines -- it is against public policy but you can take out insurance to cover legal costs and expenses There might be more prosecutions under HaSaW Act - partly to prove that company was guilty under Corp Manslaughter If there were prosecutions of managers, safety advisers etc (as part of wider Corp Manslaughter prosecution) then the employer's EL insurer covers costs of defence - and this cover would include both directors and other employees For consultants it might be different - they could be dragged into a Corp Manslaughter case if they had been deemed to have given poor advice - their Prof Indemnity might respond. But policy wording might need checking - what would be wanted is cover for legal expenses and if the PI policy did not provide sufficient cover then a top up Legal Expenses policy might be needed Hope that helps. Phil