Dead reckoning

first_imgTheLaw Commission has recommended creating a new offence of corporatemanslaughter. What are the implications for companies? By Gillian HowardTherehave been a number of disasters in recent years, which have provoked demandsfrom Government and the public for the use in law of corporate manslaughter.However, failures to prosecute successfully for this crime have led to aperception among the public that the current law dealing with corporatemanslaughter is inadequate. Suggestionsthat the British Transport Police were considering bringing charges ofcorporate manslaughter after the Hatfield rail disaster against individualmembers of the senior management at Railtrack and Balfour Beatty – the firmthat carried out the maintenance at Hatfield – have failed to materialise.Theperception that there is a serious lacuna in the law has been heightenedbecause the disasters have been followed by inquiries that have found corporatebodies at fault, meriting very serious criticism. In some instances there havebeen successful prosecutions for offences under the Health and Safety at WorkAct 1974.  Newproposals from the Home Office and the Law Commission include the Government’sintention to amend Section 1 of the above Health and Safety at Work Act. Thismakes it clear that one of their purposes is to prosecute offences of corporatekilling and to promote a new statute creating a new offence of corporatemanslaughter.CurrentlawThegoverning principle in English law on the criminal liability of companies isthat those who control or manage the affairs of the company are regarded asembodying the company itself. Thus in R v British Steel, 1995, IRLR 310, theCourt of Appeal held that the company could be successfully prosecuted underthe Health and Safety at Work Act 1974 for the unlawful death of a contractordespite its arguments that at “the directing mind” level, the companyhad taken reasonable care to delegate the supervision of the particularoperation to a responsible and competent person.Butbefore a company can be convicted of manslaughter, an individual who can be”identified as the embodiment of the company itself” must first beshown himself to have been guilty of manslaughter. Only if the individual whois the embodiment of the company is found guilty can the company be convicted.Where there is insufficient evidence to convict the individual, any prosecutionof the company must fail. Therecan often be great difficulty in identifying an individual who is theembodiment of the company and who is culpable. The problem becomes greater withlarger companies where overall responsibility for safety matters can beunclear. In such circumstances it may be impossible to identify specificindividuals who may be properly regarded as representing the directing mind ofthe company and who also possess the requisite mental state to be guilty ofman-slaughter. In such circumstances, no criminal liability can be attributedto the company itself. LawCommission proposalsTheLaw Commission, looking into the possible reform of the law on manslaughter,has recommended that:–There should be a special offence of corporate killing, broadly correspondingto the proposed offence of killing by gross carelessness. –The corporate offence should (like the individual offence) be committed onlywhere the corporation’s conduct in causing death fell far below what couldreasonably be expected. –The corporate offence should not (unlike the individual offence) require thatthe risk be obvious or that the defendant be capable of appreciating the risk. –A death should be regarded as having been caused by the conduct of thecorporation if it is caused by a “management failure”, so that theway in which its activities are managed or organised fails to ensure the healthand safety of persons employed in or affected by its activities. Such a failurewill be regarded as a cause of a person’s death even if the immediate cause isthe act or omission of an individual. –Individuals within a company could still be liable for the offences of recklesskilling and killing by gross carelessness. Whowould investigate and prosecute the new offence? TheHome Office view is that the Health and Safety Executive and other prosecutingauthorities such as the police and the Criminal Prosecution Service shouldeach, where appropriate, play their part in investigating and prosecutingcorporate killing charges.Whowould be prosecuted?TheGovernment is still seeking views as to whether it would be appropriate toprosecute individual officers for corporate killing and whether or not theyshould be subject to terms of imprisonment. However, the Government is verykeen to ensure that under any new legislation, individuals who are shown tohave had some influence on or responsibility for the circumstances in which themanagement failure – falling far below what could reasonably be expected – wasthe cause of a person’s death, should at the very least be subject todisqualification from acting in any management role in any undertaking carryingon a business in Great Britain.Twospecific offences are being suggested – that of “reckless killing”and that of “killing by gross carelessness”. The former would involvethe offender being aware that his action involves the risk of causing death andhere there would be a maximum penalty of life imprisonment. The latter offencewould apply where the risk would have been obvious to a “reasonableperson” and their conduct fell “far below what reasonably could beexpected”.Thesetwo offences would apply equally to work-related deaths from accidents as wellas from occupational illnesses.Thereis an obvious need for law reform in this area. In a reported case – R vDirector of Public Prosecutions and others ex parte Timothy Jones, 2000 – theDPP decision not to prosecute a company and its managing director was quashedon judicial review. The DPP was ordered by the High Court to reconsider hisdecision because he had ignored relevant considerations such as whether thesystem of using the grab bucket and crane contrary to the manufacturer’sinstructions was “reckless” and whether the system of work whichdecapitated a contractor on his first day at work was “safe”. The DPPwas also found to have wrongly applied a subjective test when consideringwhether a conviction was possible.Andin the Attorney General’s reference No 2/1999, 15 February 2000, the Court ofAppeal Criminal Division was asked to give its opinion on two questions:–Can a defendant be properly convicted of manslaughter by gross negligence inthe absence of evidence as to the defendant’s state of mind? –Can a non-human defendant be convicted of the crime of manslaughter by grossnegligence in the absence of evidence establishing the guilt of an identifiedhuman individual for the same crime?Thesequestions arose out of Mr Justice Scott Baker’s decision concerning theSouthall Rail crash that it is a condition precedent to a conviction formanslaughter by gross negligence for a guilty mind to be proved and that wherea non-human defendant is prosecuted, it may only be convicted via the guilt ofa human being with whom it is identified.TheirLordships answered “No” to both questions and refused to overrule MrJustice Scott Baker’s decision. Their Lordships referred to the LawCommission’s proposed legislation and made it clear that until a new statutoryoffence was created by Parliament, it was not for the courts to overturnestablished precedent.Thismade it clear that the identification concept was paramount and that in eachcase it was essential to identify an employee whose conduct could be held to bethat of the company.Inother words not only must a death or serious injury occur but it has to beestablished that one or more persons within the company knew there was such arisk of death or serious injury and failed to act to prevent such disaster.Finally,in an appeal to the House of Lords against a prosecution for manslaughter – R vAdomako – the House of Lords had to consider whether an anaesthetist shouldhave been convicted of manslaughter where the oxygen supply to a patientundergoing an eye operation was cut off and where he failed to check theconnection until after the resuscitation procedures had been started.Hisappeal was rejected and the House of Lords held that a jury must considerwhether the breach of duty should be characterised as “grossnegligence” and therefore “as a crime”. GillianHoward, Hon FFOM, is an employment lawyer. Prosecutionsunder the Health and Safety at Work Act 1974TheHerald of Free Enterprise disaster 6 March 1987  The jury at the inquest returned verdicts of unlawful killing in187 cases and the Director of Public Prosecutions launched prosecutions againstseven individuals and the company. The case failed because the various acts ofnegligence could not be aggregated and attributed to any individual who was adirecting mind. TheKing’s Cross fire 18 November 1987 which claimed 31 live   London Underground was criticised for not guarding against theunpredictability of the fire and for no one person having overallresponsibility. TheClapham rail crash 12 December 1988 that caused 35 deaths and nearly 500injuries  British Rail wascriticised for allowing working practices that were “positivelydangerous” and it was said that the errors went much wider and higher inthe organisation than merely to be the responsibility of those working thatday. TheSouthall rail crash 19 September 1997 that resulted in seven deaths and 151injuries   In July 1999 Great Western Trains (GWT) pleaded guilty tocontravening Section 3(1) of the 1974 Act in that it failed to ensure that thepublic were not exposed to risks to its health and safety. They received arecord fine for a health and safety offence of £1.5m for what Mr Justice ScottBaker described as “a serious fault of senior management”. The judgehad earlier ruled that a charge of manslaughter could notsucceed because of theneed to identify some person whose gross negligence was that of GWT itself. Dead reckoningOn 1 Apr 2001 in Personnel Today Related posts:No related photos. Comments are closed. Previous Article Next Articlelast_img read more

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Colombia Receives Bids Worth $One Billion For Oil Exploration

first_imgBy Dialogo June 25, 2010 The National Hydrocarbon Agency (AHN), a Colombian government agency, has received bids worth more than one billion dollars for the right to explore for oil in a number of Colombian regions, including several in the Caribbean, over the next fifteen years, an official source announced. “Eighty domestic and foreign firms participated” in the auction, held in the Caribbean port of Cartagena, and “submitted bids on ninety-six blocks for a value of more than one billion dollars,” Armando Zamora, director of the AHN, told Bogotá radio broadcaster RCN. According to the official, out of the total number of oil companies that participated in the auction, fifty submitted successful bids for 96 out of a potential 230 blocks, including state-owned Empresa Colombiana de Petróleos (Ecopetrol). The districts that will be opened to exploration in the next few years are spread among different regions of the country, including the Caribbean, where in some areas, such as the island of San Andrés, “there are already some initial technical evaluations,” Zamora added. Among the foreign oil companies, Canadian firm Canacol Energy obtained four blocks in the center of the country, while Spanish firm Repsol and Argentine firm YPF, in association with Ecopetrol, won the right to explore two blocks in the Caribbean. Korean firm SK Energy, also in association with Ecopetrol, submitted the highest bid for a block located in the northern part of the country, while Cementaciones Petroleras de Venezuela will share exploration of another block with the Colombian state-owned firm, in central Colombia.last_img read more

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Jaguars sign K Josh Lambo to reported 4-year, $15.5M extension

first_img Related News NFL trade news: Ravens deal QB Joe Flacco to Broncos; ‘I can’t imagine a better 11 years’ Josh Lambo is staying in Jacksonville.The Jaguars on Wednesday announced they have signed their kicker to a contract extension. While financial details were not disclosed, NFL Media reports the deal is for $15.5 million over four years.Doggone good news!! We’ll be in Duval for 4 more years, as I’ve signed an extension with the Jags!! #Duuuval pic.twitter.com/mdJnW7UsBQ— Josh Lambo (@JoshLambo) February 13, 2019Congratulations @JoshLambo on signing a contract extension to kick oblong, air-filled leather sacks whilst wearing tight pants!(Check his Twitter bio for reference) pic.twitter.com/fB6EQIPzvP— #DUUUVAL (@Jaguars) February 13, 2019And a contract extension for his pups too!13/10 – will pet again. pic.twitter.com/O4HCC8HW6g— #DUUUVAL (@Jaguars) February 13, 2019“This whole NFL journey has been a little wild and very unexpected. Now, that I’ve gotten to a point to where I can sign an extension with this club, it’s really special,” Lambo said, via the team’s website. “It’s a great day for myself, Megan and my dogs — and the whole family. It’s kind of a statement for just what my life is. Obviously, my wife is here – and my dogs — because I wanted them here. It’s a big day for me, so it’s a big day for them. I think we’re all going to go home and get some treats tonight.”Lambo, 28, was signed by the Chargers as an undrafted free agent in 2015 before being picked up by the Jaguars in Oct. 2017. He’s converted 38 of 41 field goals and 41 of 44 extra points in 23 games with the Jaguars. Lambo also set a team record with 24 consecutive field goals from Nov. 2017 to Nov. 2018.He was scheduled to become an unrestricted free agent at the start of the new league year on March 13.last_img read more

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Nine-star Belgium book Euro place, Dutch fight back to beat N. Ireland

first_imgLukaku scored twice as Belgium reached Euro 2020 by putting nine past San MarinoParis, France | AFP |  Belgium became the first team to qualify for the 2020 European Championship finals as Romelu Lukaku scored twice in a 9-0 thrashing of San Marino in Brussels on Thursday, while the Netherlands needed a late comeback to beat Northern Ireland.Lukaku took his record Belgium international tally past 50 goals as Roberto Martinez’s Group I leaders opened up an unassailable 11-point lead over third-placed Cyprus with three games remaining.The world-number-one ranked side booked their spot at next year’s tournament, which will be played at 12 venues across Europe, after seven straight qualifying wins.Russia appear set to take the second automatic slot from the group, after a 4-0 win over Scotland moved them eight points ahead of Cyprus.Belgium will be one of the favourites as they look to lift a first major international title when the Euros get underway on June 12.“In my eyes, nine countries have the talent to win the Euro,” said coach Martinez. “What will make the difference is how you face adversity. It’s necessary to sacrifice yourself for your teammates.”Their victory at the King Badouin Stadium matched their record winning margin of nine goals, having previously beaten Zambia and Gibraltar 9-0 in 1994 and 2017 respectively and hammered San Marino 10-1 in 2001.“Nine-nil is a good result but we would have loved to have scored one more and broken that all-time record,” said Inter Milan striker Lukaku.The first breakthrough arrived when Leicester midfielder Youri Tielemans fed Lukaku, who fired home his landmark goal in the 28th minute.The floodgates then opened, as Nacer Chadli slotted into the corner from the edge of the area three minutes later, and visiting defender Cristian Brolli scored a comical own goal 10 minutes before the interval.Lukaku wasted little time in making it 51 Belgium goals, before Toby Alderweireld and Tielemans made it six before half-time.Substitute Christian Benteke drilled in number seven with 11 minutes remaining, 18-year-old Yari Verschaeren scored his first international goal from the penalty spot, and Atalanta defender Timothy Castagne completed the rout in the 90th minute.– Dutch break Northern Irish hearts –Memphis Depay’s late brace rescued the Netherlands a 3-1 win over Northern Ireland which sent Ronald Koeman’s men top of Group C. The Oranje, bidding to reach a first major finals since finishing third at the 2014 World Cup, are level on points with both Germany and Northern Ireland, who have played a game more, but lead on head-to-head record.Michael O’Neill’s visitors were dreaming of a first-ever away win over the Dutch when substitute Josh Magennis headed them in front with a quarter-hour to play.But Depay levelled in the 80th minute, and Luuk de Jong bundled the ball home at the back post in the first minute of injury time to deny Northern Ireland a crucial point before Depay grabbed his second.“We are devastated with the nature of the defeat,” O’Neill told Sky Sports. “We have to win our two remaining games, they are very difficult, Netherlands home and Germany away.”Russia sent Scotland tumbling to a fourth straight qualifying defeat which leaves the Nations League playoffs next March as the Scots’ only possible route to Euro 2020.Artem Dzyuba’s excellent double and goals from Magomed Ozdoev and Aleksandr Golovin mean Russia will qualify with a draw in Cyprus on Sunday.– Croatia close on qualification –Croatia took control of Group E by beating Hungary 3-0 in Split, while Slovakia jumped into second despite being held to a 1-1 home draw by Wales.Luka Modric’s fifth-minute strike and two goals for Bruno Petkovic sent last year’s World Cup runners-up Croatia four points clear of third-placed Hungary.Slovakia fell behind in the first half when former lifeguard Kieffer Moore scored on his international competitive debut for Wales, but secured a draw thanks to Juraj Kucka’s brilliant 53rd-minute volley.Elsewhere, Robert Lewandowski netted a hat-trick, taking his tally this season to 18 goals for club and country, as Poland won 3-0 at Latvia to strengthen their position at the top of Group G.They sit three points clear of closest challengers Austria, who saw off Israel 3-1.Share on: WhatsApplast_img read more

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Paul scores double triumph for English Deaf Golf

first_img9 Sep 2013 Paul scores double triumph for English Deaf Golf Suffolk teenager Paul Waring has just scored a double triumph at the European Deaf Golf Championship at Kytaja Golf Club in Finland.The 17-year-old from Felixstowe Ferry won the individual title by three shots and helped English Deaf Golf to victory in the team event, beating Sweden on countback.It’s the first time English Deaf Golf representatives have won either an international individual or team title.Paul had rounds of 72, 79 to finish three shots clear of Andreas Nilssn from Sweden and four ahead of third-place Hans Elgaard from Denmark.His fellow members of the winning A Team were Martin Anderson (Malton & Norton), Michael Burris (Forest Hills, Glos) and Jay Stally (Seaford).England B, consisting of Jason Albutt (Little Lakes) Peter Baker (Ellesmere Port), Mark Forrest (Leyland) and Ben Stephens (Rutland Water), were fourth behind Denmark.For more information about the English Deaf Golf Association please click herelast_img read more

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Harbhajan Singh petitions Sourav Ganguly to change the selection panel after Sashi Tharoor bats…

first_imgImage Courtesy: IPL/BCCIAdvertisement acmNBA Finals | Brooklyn Vsf3z2fWingsuit rodeo📽Sindre Egxx( IG: @_aubreyfisher @imraino ) 5Would you ever consider trying this?😱nbaawaCan your students do this? 🌚sRoller skating! Powered by Firework Sanju Samson, the young wicket keeper batsman has been dropped from the Twenty 20 squad, and the decision has raised alot of eyebrows, especially from Shashi Tharoor, and the one and only Harbhajan Singh himself. In an appeal for a stronger selection panel, he made his direct call to the present BCCI president Sourav Ganguly on Twitter.Advertisement Image Courtesy: IPL/BCCISamson was not selected for the recent T20 series against Bangladesh earlier this month. Now, another rejection for the 25 year old from the selection panel, fired up none other than Shashi Tharoor.The 63 year old politician wrote on Twitter: Very disappointed to see @IamSanjuSamson dropped without a chance. He carried the drinks for three T20Is & has been promptly discarded. Are they testing his batting or his heart?”Advertisement The tweet caught up to Bhajji, and the 39 year old mentioned Sourav Ganguly in a retweet to look over the members of the selection panel.Check out Harbhajan’s tweet below-Advertisement Less than two weeks remain for the upcoming West Indies T20 series, and this will decide if Sanju Samson will undergo a final selection process or not.A right handed batsman, Samson has 55 T20 caps for the Men in Blue, and plays for Rajasthan Royals in the Indian Premier League. Advertisementlast_img read more

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