An offence of corporate manslaughter would be based on the common law standard “gross negligence”. In our view this will lead to rapid evolution of what is meant, in civil law, by gross negligence.
One of the key difficulties with proving the offence will be proof of proximity between a management decision and cause of death.
The law will probably have a retrospective effect and liability insurers will be involved if there is any prospect of interim payments being made.
Evidence from:
Government response to HC 540, March 2006.
“Draft Corporate Manslaughter Bill”
The accepted definition and scope of ‘gross negligence’ could evolve as a result of this Bill. In our view it seems likely that the current tests of gross negligence will be relaxed.
Further detail: