Corporate Manslaughter: A Radical Reform?

Abstract

Presents a critique of the offence of corporate manslaughter introduced by the Corporate Manslaughter and Corporate Homicide Bill 2006. Compares the statutory offence with the common law position. Raises doubts about the proposed legislation in terms of identifying a senior manager to breach the relevant duty of care, the gross negligence test and the difficulty of establishing a senior management failure in companies with complex management structures.