Companies: offence would be 'impossible to prove'

Lawyers have slammed a draft corporate manslaughter Bill published by the Home Office last week as 'feeble' and 'unworkable'.


Solicitors claim the new offence of corporate manslaughter, which will only apply to companies rather than individual directors, will be 'impossible to prove'.


The offence will apply where someone is killed because the senior management of a corporation has 'grossly failed to take reasonable care of the safety of employees or others'. It will apply to Crown bodies, including government departments, but not to the armed forces or the Prison Service.


Louise Christian, partner at Christian Khan in London acting on the Potter's Bar train crash, said: 'The way the legislation is phrased means that you would have to prove that senior managers were responsible. If they delegate to junior colleagues, then you can't prosecute.


'It will be impossible to prosecute a company anyway, because you have to prove that senior managers planned to make a profit [by disregarding health and safety laws].


She continued: 'We have been waiting for this Bill since 1997, and then [the government] produces something this feeble. The reason for the delay was that it is a complicated area. To then produce something this unworkable beggars belief.'


Des Collins, senior partner at Watford-based Collins, who like Ms Christian advised victims of the Paddington and Southall train crashes, said: 'This will not be easy for companies and directors to understand. They will have a big headache trying to implement it properly.'


Andrew Edgar, product liability partner at Clifford Chance, said: 'Given the government at one stage said it would introduce personal liability, but the punishment is just a fine, the corporate industry will be relieved.'