Companies Making a Killing—New UK Proposals for Corporate Killing

Abstract

After more than a decade of major public and media outcries for an effective corporate liability regime in relation to workplace deaths the Home Secretary finally confirmed in May 2003, endorsed by the Cabinet in November 2003, that he will prepare a bill during this Parliament Session introducinga new offence of “Corporate Killing”. The call for such an offence as well as individual offences directed at directors and other senior officers arose out of the failures in the current corporate manslaughter law of the UK to convict any middle or large size companies. Specifically, after public disasters such as the capsizing of the Herald of Free Enterprise in 1987 (193 deaths), the Kings Cross Station fire (37 deaths), the Piper Alpha Oil Platform explosion (167 deaths) and a host of recent rail crashes have led to wide public calls to ensure corporations be held responsible for management failings resulting in fatalities.This paper looks briefly at the current law of corporate manslaughter and its failure to deliver the general public's desire for corporate liability as well as the development and evolution of the new proposals.