Corporate Manslaughter, A Critical Analysis of the Law in the Lens of This is the acts causation element which is left undefined. As the board was responsible under the "vicarious liability" principle, it paid compensation reaching 1m in some cases, though no-one was prosecuted for manslaughter. No convictions were made by the courts, even though British Rail had failed to recognise a severe signalling problem; leading to the death of 35 people, with a further 500 being injured. [10] The last casualty was taken to hospital at 13:04 and the last body was removed at 15:45. This section of the Channel 4 news finds Peter Sissons updating viewers on the day's tragic events at the Clapham Junction rail crash. He is due to appear in custody at Bromley Magistrates' Court on Friday, 3 March. On 12 December 1988 the 07:18 from Basingstoke to London Waterloo, a crowded 12-car train made up of four-car 4VEP electric multiple units 3033, 3119 and 3005, was approaching Clapham Junction when the driver saw the signal ahead of him change from green ("proceed") to red ("danger"). Gobert notes that between the Law Commission recommendations and the Home Office consultation document neither contained this requirement. Companies have been open to manslaughter proceedings since 1965. Search. However, s1(3) of the act states that the company can only be found guilty of corporate manslaughter if the breach referred to in s1(1) of the act involved the senior management playing a huge part in the poor management of the companys activities. The breach could be seen as gross negligence manslaughter as the company should have been making sure the working conditions were safe for their employees to work in. So it is almost settled law that an express trust should be consist of the following characteristics Asylum; judicial review; contempt. A secondary issue is the application of civil law in criminal prosecutions. Some of the notable incidences were the Clapham Rail disaster of 1988, leading to 35 dead and 500 injured. A further criticism of the act would be one made concerning the feelings of the family and friends of the deceased. A key case demonstrating this principal is Tesco Supermarkets v Nattras, brought under the Trade Descriptions Act 1968. Investigation into the Clapham Junction Railway Accident Corporate Manslaughter Case Study - 1277 Words | 123 Help Me Using that evaluation, consider whether any difficulties may arise if any criminal prosecutions ensue. The Clapham Junction rail crash, which involved a collision of three trains in December 1988, is one case which resulted in no one being found guilty of corporate manslaughter. Clapham rail disaster Britain's worst rail disaster claimed 35 lives after three trains collided on December 12, 1988. Marchioness Disaster (1989) 66 2.3.6. A total of 35 people were killed in the collision, while 484 were injured. Only a few countries, however, have some kind of law to punish the offenders. The Great Western Train Company was fined 1.5 million for breaches of health and safety regulations after Southall, notwithstanding the fact that manslaughter charges were dropped.However,. Therefore the prosecution will need to prove that the breach was a more than minimal contribution to the death (de minimus), This approach has been criticised as the Law Commission had explicitly stated as a recommendation that it should be possible for a management failure on the part of a corporation to be a cause of a persons death even if the immediate cause is the act or omission of an individual., James Gobert argues that The 2007 Act rejects the law commissions conception of causation in favour of the more conventional approach to causation used by the courts which have been a source of controversy and confusion and continues by saying in light of the subsequent decision of the House of Lords in R v. Kennedy (2) indicating that free and voluntary acts of informed adults of sound mind will ordinarily break a chain of causation, the Law Commissions formulation may be needed more than ever if the Act is to have any bite..

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