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Lecture notes

liability

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Lecture notes of 1 pages for the course Criminal Law at UoW (week 1 lecture 1)

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  • December 17, 2021
  • 1
  • 2020/2021
  • Lecture notes
  • University of winchester
  • All classes
All documents for this subject (15)
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vickyhoney
Introduction to Semester 2 & Vicarious & Corporate Liability

Reading to do:
Jonathan Herring, Criminal Law: Texts, Cases and Materials (9th Edn.) Chapter 13

Grenfell Tower:
14 June 2017, Grenfell Tower – a tower block in the Borough of Kensington and Chelsea – was destroyed by fire

Kensington and Chelsea generally considered wealthy area, but Grenfell was in one of the most deprived postcodes

Grenfell had recently undergone renovation, including cladding installation

Caused by electrical fault in fridge-freezer

Fire caused 72 deaths

Investigations:
Phase 1 Inquiry was published in October 2019 - Homepage | Grenfell Tower Inquiry

Phase 2 of the inquiry is still ongoing, and no criminal charges will be thought before this is concluded

BUT – would it be possible to bring a charge of corporate manslaughter?

Sally Ramage, Grenfell Tower, Crim Law 2017, 234
July 2017 – MPS announced “reasonable grounds” to suspect the offence of corporate manslaughter

Council and tenant management company are being investigated

Could contractors be liable?

Discussed whether they could also be charged with reckless manslaughter

Victoria Roper, Grenfell charge delays understandable, but where have all the corporate manslaughter prosecutions
gone?, 40(8) Comp Law 265 (2019)
Concern that delays in investigation may be a barrier to prosecution

However – delays demonstrate complexities of the investigations and does not mean prosecutions will not be brought

Reflects on these prosecutions in relation to the difficulties prosecuting larger companies and organisations

Contrasts against the old law, where director of the company needed to be responsible (see Zebrugge Ferry Disaster,
Southall Rail Disaster)

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