One of the key difficulties with proving the offence will be proof of proximity between a management decision and cause of death.
The law will probably have a retrospective effect and liability insurers will be involved if there is any prospect of interim payments being made.
Government response to HC 540, March 2006.
“Draft Corporate Manslaughter Bill”
The accepted definition and scope of ‘gross negligence’ could evolve as a result of this Bill. In our view it seems likely that the current tests of gross negligence will be relaxed.