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New corporate manslaughter legislation

14 April 2008

A new law that comes into force on 6 April addresses a key loophole in UK corporate manslaughter legislation (called 'corporate culpable homicide' in Scotland).

Currently, a business can only be found guilty of causing a death if a so-called 'directing mind' at the top of the organisation (such as a director) is also found to be personally responsible. The new law amends this to find an organisation guilty of the offence if the way the organisation is managed or organised causes a death, amounting to a gross breach of its duty of care.

This change is designed to provide a more effective means of accountability for serious management failings, and to support well managed organisations by targeting others that cut costs by taking unjustifiable risks.

The value of good organisation is therefore more important than ever for every business – if you have any doubts, talk to our experienced company lawyers to make sure your house is in good order.