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Home / Criminal Law / Corporate Manslaughter

Corporate Manslaughter

The team at St. Pauls chambers is highly experienced in corporate manslaughter cases, advising and advocating both prosecution and defence.

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    Jayne Drake

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    Matthew Taylor

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    Kelly Staniforth

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What is Corporate Manslaughter?

The offence of corporate manslaughter was established by the Corporate Manslaughter and Corporate Homicide Act (2007). This removed the common law offence of gross negligence manslaughter for organisations to which the 2007 Act applies. These organisations affected are corporations (limited companies), partnerships, government departments and Crown bodies.

The Act addressed the perceived loophole in liability for large corporations where the common law doctrine of identification had proved an insurmountable hurdle. In other words, before the Act the prosecution could find it impossible to prove the act/omission causing death was in breach of a duty of care owed by an individual who embodied the corporation.

To show how important the Corporate Manslaughter and Corporate Homicide Act (2007) is, previous application of common law identification pre-act resulted in successful prosecutions of the company involved for manslaughter. This includes public disasters such as the Herald of Free Enterprise, Piper Alpha, the Marchioness and the Hatfield rail crash.

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The team at St. Pauls chambers is highly experienced in corporate manslaughter cases, advising and advocating both prosecution and defence.

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  • Simon Bickler QC Head of Chambers

    Simon Bickler QC

    Call: 1998

    Silk: 2011

  • Nigel Sangster QC

    Nigel Sangster QC

    Call: 1976

    Silk: 1998

  • Richard Barraclough QC

    Richard Barraclough QC

    Call: 1980

    Silk: 2003

  • Simon Myerson QC

    Simon Myerson QC

    Call: 1986

    Silk: 2003

  • Bryan Cox

    Bryan Cox QC

    Call: 1979

    Silk: 2005

  • Jane Bewsey QC Associate Tenant

    Jane Bewsey QC

    Call: 1986

    Silk: 2010

  • Sam Green QC

    Sam Green QC

    Call: 1998

    Silk: 2015

  • John Harrison QC

    John Harrison QC

    Call: 1994

    Silk: 2016

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Members

  • Jeremy Barnett- Barrister

    Jeremy Barnett

    Call: 1980

  • Philip Standfast

    Philip Standfast

    Call: 1980

  • Jonathan Sandiford

    Jonathan Sandiford

    Call: 1992

  • Nikki Saxton

    Nikki Saxton

    Call: 1992

  • Robert Smith

    Robert Smith

    Call: 1995

  • Derek Duffy

    Derek Duffy

    Call: 1997

  • Cameron Brown

    Cameron Brown

    Call: 1998

  • Alasdair Campbell

    Alasdair Campbell

    Call: 1999

  • Andrew Stranex

    Andrew Stranex

    Call: 2000

  • Denise Breen-Lawton

    Denise Breen-Lawton

    Call: 2000

  • James Bourne-Arton

    James Bourne-Arton

    Call: 2001

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    Sasha Bailey

    Call: 2002

  • Hal Watson

    Hal Watson

    Call: 2003

  • Danielle Graham

    Danielle Graham

    Call: 2003

  • James Lake

    James Lake

    Call: 2005

  • Helen Chapman

    Helen Chapman

    Call: 2006

  • Andrew Nixon

    Andrew Nixon

    Call: 2006

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    Hannah Hinton

    Call: 2008

  • Voldi Welch - Barrister at Law

    Voldi Welch

    Call: 2008

  • Angus MacDonald

    Angus MacDonald

    Call: 2009

  • Sophie Mitchell

    Sophie Mitchell

    Call: 2010

  • Hannah Lynch

    Hannah Lynch

    Call: 2011

  • George Hazel-Owram

    George Hazel-Owram

    Call: 2012

  • Stephen Flint

    Stephen Flint

    Call: 2012

  • Kristina Goodwin

    Kristina Goodwin

    Call: 2013

  • Ayesha Smart

    Ayesha Smart

    Call: 2014

  • Stephen Elphick

    Stephen Elphick

    Call: 2014

  • Frances Pencheon

    Frances Pencheon

    Call: 2015

  • Charlie Greenwood

    Charlie Greenwood

    Call: 2015

  • Jessica Heggie

    Jessica Heggie

    Call: 2017

  • Temitayo Oguntade

    Temitayo Dasaolu

    Call: 2018

  • Ayman Khokhar

    Ayman Khokhar

    Call: 2018

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Pupils

  • Harry Crowson

    Harry Crowson

    Pupil February 2019

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Corporate Manslaughter Process

The test for liability under the 2007 Act centres upon: how and corporates’ activities were managed, how such management was the cause of death, and how such management was a substantial element in the gross breach of a common law duty of care. Whether or not a breach of duty is gross may be assisted by reference to the factors set out within Section 8 of the 2007 Act, which include failure to comply with health and safety legislation, and the circular test for ‘grossness’ familiar to practitioners from the case of R v Adomako.

As with offences involving breaches of health and safety legislation, new sentencing guidelines have changed the landscape of potential liability. While a corporation cannot be sent to prison, the financial penalties are substantial and intended to have real economic impact on any defendant.

The Act also introduces two additional orders on conviction: a publicity order – to force an organisation to publicise on terms involvement in proceedings – and a remedial order. Failure to comply with these additional orders amounts to a further criminal offence, punishable by way of a fine.

The effect of the sentencing guidelines is to demand early legal advice to any client. The financial consequences of poorly thought-through or inexperienced advice will be significant for all organisations.

Prosecution of an organisation for corporate manslaughter does not preclude charges of gross negligence manslaughter against individual defendants, whether from within the organisation or outside. It is also common for health and safety offences to be charged alongside the manslaughter offence.

Corporate Manslaughter Cases with St Pauls Chambers

Our team of barristers are highly experienced in advising and advocating for both prosecution and defence in corporate manslaughter cases. Members of our chambers have appeared in the most high profile cases with involvement pre-charge during the period of an investigation, presenting cases in the Magistrates Court, through to the Crown Court and associated proceedings in the High Court and Court of Appeal.

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QCs

  • Simon Bickler QC Head of Chambers

    Simon Bickler QC

    Call: 1998

    Silk: 2011

  • Nigel Sangster QC

    Nigel Sangster QC

    Call: 1976

    Silk: 1998

  • Richard Barraclough QC

    Richard Barraclough QC

    Call: 1980

    Silk: 2003

  • Simon Myerson QC

    Simon Myerson QC

    Call: 1986

    Silk: 2003

  • Bryan Cox

    Bryan Cox QC

    Call: 1979

    Silk: 2005

  • Jane Bewsey QC Associate Tenant

    Jane Bewsey QC

    Call: 1986

    Silk: 2010

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    Sam Green QC

    Call: 1998

    Silk: 2015

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    John Harrison QC

    Call: 1994

    Silk: 2016

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Members

  • Jeremy Barnett- Barrister

    Jeremy Barnett

    Call: 1980

  • Philip Standfast

    Philip Standfast

    Call: 1980

  • Jonathan Sandiford

    Jonathan Sandiford

    Call: 1992

  • Nikki Saxton

    Nikki Saxton

    Call: 1992

  • Robert Smith

    Robert Smith

    Call: 1995

  • Derek Duffy

    Derek Duffy

    Call: 1997

  • Cameron Brown

    Cameron Brown

    Call: 1998

  • Alasdair Campbell

    Alasdair Campbell

    Call: 1999

  • Andrew Stranex

    Andrew Stranex

    Call: 2000

  • Denise Breen-Lawton

    Denise Breen-Lawton

    Call: 2000

  • James Bourne-Arton

    James Bourne-Arton

    Call: 2001

  • Avatar Small

    Sasha Bailey

    Call: 2002

  • Hal Watson

    Hal Watson

    Call: 2003

  • Danielle Graham

    Danielle Graham

    Call: 2003

  • James Lake

    James Lake

    Call: 2005

  • Helen Chapman

    Helen Chapman

    Call: 2006

  • Andrew Nixon

    Andrew Nixon

    Call: 2006

  • Avatar Small

    Hannah Hinton

    Call: 2008

  • Voldi Welch - Barrister at Law

    Voldi Welch

    Call: 2008

  • Angus MacDonald

    Angus MacDonald

    Call: 2009

  • Sophie Mitchell

    Sophie Mitchell

    Call: 2010

  • Hannah Lynch

    Hannah Lynch

    Call: 2011

  • George Hazel-Owram

    George Hazel-Owram

    Call: 2012

  • Stephen Flint

    Stephen Flint

    Call: 2012

  • Kristina Goodwin

    Kristina Goodwin

    Call: 2013

  • Ayesha Smart

    Ayesha Smart

    Call: 2014

  • Stephen Elphick

    Stephen Elphick

    Call: 2014

  • Frances Pencheon

    Frances Pencheon

    Call: 2015

  • Charlie Greenwood

    Charlie Greenwood

    Call: 2015

  • Jessica Heggie

    Jessica Heggie

    Call: 2017

  • Temitayo Oguntade

    Temitayo Dasaolu

    Call: 2018

  • Ayman Khokhar

    Ayman Khokhar

    Call: 2018

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  • Harry Crowson

    Harry Crowson

    Pupil February 2019

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