Corporate manslaughter understanding 'will come from case'

Companies should gain a better understanding of how the Corporate Manslaughter and Corporate Homicide Act 2007 will work in practice, it has been claimed.

Law firm DWF says that the recent decision by the Crown Prosecution Service to charge Cotswold Geotechnical Holdings Ltd, of Birdlip in Gloucestershire, under the act will allow others to learn valuable lessons.

Steffan Groch, a partner with DWF, claims that the exact nature of the lesson will be determined by the plea entered by the defendant.

He explains: "If the company pleads not guilty, we might see an exploration of what the terms 'senior manager' and 'falling far below' in the duty of care actually mean."

The expert adds that a guilty plea will reveal how big fines levied under the legislation are likely to be, although the judge could decide to apply a larger penalty as it is the law's first application.

Mr Groch also says that the new law will tend to make more difference to larger companies, because their layers of management previously made it more difficult to obtain a conviction for one responsible individual.

Madeline Abas, partner at Osborn Abas Hunt, told last month's Institution of Occupational Safety and Health 2009 conference that her firm has seen more client interest in corporate manslaughter since the new law was introduced.

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