Don't panic about corporate killing law

Industry's worries that any new corporate killing law will provide for an individual within a company to be prosecuted are groundless, according to Stephen Kirkbright, senior partner at Ford & Warren Solicitors.

Speaking at CJ's corporate manslaughter conference in Birmingham yesterday (Wednesday 17 September), he said there is no current proposal for directors or officers of companies to be held accountable for criminal offences.

However, directors and officers are still liable for manslaughter and breaches of Section 37 of the Health and Safety at Work Act.

The Law Commission has proposed that a company can be prosecuted if there is a management failure that constitutes conduct falling far below what could be reasonably expected of the company in the circumstances. There is no need to identify any negligent employee.

Kirkbright believes the new Bill will allow only for the company to be prosecuted in the Crown Court, facing an unlimited fine. The prosecution will be based on failure to set and achieve standards and not negligence or recklessness.

He agrees with the Law Commissions proposal, and believes that there will be no need to identify an individual responsible.