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Paddington disaster may lead to 'corporate killing'

14th October 1999
Page 11
Page 11, 14th October 1999 — Paddington disaster may lead to 'corporate killing'
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• by Karen Mlles

Hauliers could face tougher safety laws after last week's train disaster near Paddington brought renewed pressure from the Law Commission for the creation of an offence of corporate killing.

The Government-funded independent legal body is pushing the Home Office to bring in tougher laws to satisfy public anger over transport safety issues.

This issue has a high priority because under current legislation it is hard to prosecute companies for manslaughter— the prosecution must show that someone who was the "controlling mind" unlawfully caused a death.

To get round this problem the Law Commission is stepping up its efforts to make the Home Office accept its 1996 recom mendations that a new offence of corporate killing should be proved if management failure by a corporation results in a person's death, and that "failure" should simply mean conduct below what "reasonably can be expected".

Stephen Kirkbright, of solicitors Ford and Warren, says that if corporate killing gets onto the statute books directors will escape conviction but their companies could face unlimited fines and an order to remedy the cause of death.

Following this summer's failure to secure a corporate

manslaughter conviction following the Southall train disaster, the Crown Prosecution Service has asked the Attorney General to press the Court of Appeal for legal clarification on the wording of current corporate liability manslaughter legislation.


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