In February 2010 the Sentencing Guidelines Council (the SGC) issued definitive guidelines to courts on imposing appropriate sentences for corporate manslaughter and health and safety offences causing death. The SGC states that fines imposed on companies found guilty of corporate manslaughter should not fall below £500,000, while fines in respect of health and safety offences that are a significant cause of death should be at least £100,000. Crucially, the SGC declined to provide for a fixed link between the imposed fine and the turnover or profitability of the offending company.
Shook, Hardy & Bacon currently authors the Insurance section of The
In-House Lawyer magazine. For more information and articles from this
author click here .
In the event that a safety problem is identified with one of your
products, you will need to undertake a risk assessment to comply with
the General Product Safety Directive.
Macfarlanes LLP currently authors the Litigation & Dispute
Resolution section of The In-House Lawyer magazine. For more information
and articles from this author click here .
This article considers the Supreme Court decision in VTB Capital plc v Nutritek International Corp & or s
. Perhaps the most striking aspect of the case is that it casts
doubt on the notion that the Court has the power to pierce the corporate
veil. The Supreme Court also held that, even if the power to pierce the
corporate veil does exist, it does not enable a claimant to hold
parties that control a company jointly and severally liable under
contracts entered into by that company.