An in-depth analysis of the Corporate Manslaughter and Corporate Homicide Act (2007)

Haigh, Benjamin. “An analysis of the Corporate Manslaughter and Corporate Homicide Act (2007): A Badly Flawed Reform?” PhD diss., Durham University, 2012.

This article evaluates the legislation and highlights the successful and unsuccessful prosecutions dealt by the legal provisions of the Act and the theories upon which they are based. The article makes an in-depth discussion on corporate manslaughter along with discussing the need for reconstructing the common law concept of manslaughter in a corporate setup in a legislation. This is an e-thesis which has been submitted to the Durham University, giving out detailed information on the change of the common concept of corporate manslaughter from being incorporated as a regulation in a legislation in the UK. The article analyses the legislation, thereby pointing out its gaps and loopholes and the need for future amendments.

This article has been chosen because it analyses the concept, both in terms of common law as well as the provisions of the legislation, thereby making way for new legislation to cover the gap areas.

Samuels, Alec. “The Corporate Manslaughter and Corporate Homicide Act 2007: how will it affect the medical world?” Medico-Legal Journal 75, no. 2 (2007): 72-79.

It discusses the impact of the legislation on the medical field, which indeed a sensitive matter and thus requires sufficient discussion in regard to the roles carried out by the medical practitioners. The article evaluates the responsibility of the medical practitioners, by analysing case studies pertaining to homicide and manslaughter in a corporate set up. It has been chosen for further discussion as the impact of the Corporate Manslaughter and Corporate Homicide Act 2007 is crucial and is found to be less in discussion among the researchers, thus requiring special attention and further research.

Roper, Victoria. “The Corporate Manslaughter and Corporate Homicide Act 2007—A 10-Year Review.” The Journal of Criminal Law 82, no. 1 (2018): 48-75.

This article provides for an elaborate analysis of the legislation and its impact since it was drafted a decade ago. It is a peer reviewed article which highlights the progress of the Act and how it made its way through the corporate set up. It however does not discuss about the cases of negligence that businesses show towards their clients and the subsequent consequences that they would face. This article was published by the Northumbria University, which lays down a complete evaluation of the legislation and thus has been chosen as an appropriate source to discuss the impact of the Corporate Manslaughter and Corporate Homicide Act 2007.

Evaluating the legal provisions and loopholes of the Act

Hsiao, Mark WH. “Abandonment of the Doctrine of Attribution for Gross Negligent Test on the Corporate Manslaughter and Corporate Homicide Act 2007.” The Company Lawyer 30.4 (2009): 110-112.

This article is based on a certain case study that needs a revision of the common law principles associated to corporate negligence and manslaughter and its subsequent change in the legislation, due to the changing time and circumstances. A difference between the common law and the provisions of the legislation is drawn, which shows that the legislation abolishes the common law principles and thereby replacing it with “gross negligence”.

In this regard, the article helps to understand the impact of the legislation on the medical field and thereby the estimate the liability that would be imposed on the management upon failing the standard of safety and breaching the duty.

Parsons, Simon. “The corporate manslaughter and Corporate Homicide Act 2007 ten years on: fit for purpose?” The Journal of Criminal Law 82.4 (2018): 305-310.

This article too provides for a detailed analysis of the legislation since it was enacted a decade ago. This article has been chosen for discussing the episode of abolishment of the concept of “gross negligence manslaughter” pertaining to the corporations who are vested with the duty to extend medical protection to people. It helps to understand the liability vested upon the overall management who has acted in negligence or breach of duty, causing the death of the person. It thereby helps in understanding the substantial contribution of the senior management who previously were not noticed or overlooked from being held responsible.

Samuels, Alec. “The Corporate Manslaughter and Corporate Homicide Act 2007: how will it affect the medical world?” Medico-Legal Journal 75.2 (2007): 72-79.

This article explicitly discusses the impact of the Corporate Manslaughter and Corporate Homicide Act upon the medical world and this is why it has been chosen as an appropriate source. This article helps in understanding the diverse duties and responsibilities that the higher management of a medical institution holds, towards the well-being of the patients, thus requiring them to make the correct decisions at all time, in regard to fulfilling their duties vested upon their positions. Unless done so, it would certainly affect the people who are under the care of such management.

O’Malley, Shaun. “Corporate Manslaughter and Corporate Homicide Act 2007: implications for healthcare providers.” Journal of Management & Marketing in Healthcare 1.3 (2008): 297-305.

This article focuses its discussion on the implementation of the Corporate Manslaughter and Corporate Homicide Act and its impact on the healthcare providers, which is something rarely done by researchers. This is why this article has been chosen to reflect upon the type of impact that it talks about, concerning the healthcare workers. It finds out the gaps in some of the health and safety legislation and the need to incorporate them in this legislation. Thus, this article has been chosen to understand the impact of the Act from the healthcare worker’s perspective and what they should do to hold the corporate bodies liable to protect them.

Impact of Corporate Manslaughter and Corporate Homicide Act on the Medical field

Arthur, Raymond, and Victoria Roper. “Criminal liability for child deaths in custody and the Corporate Manslaughter and Corporate Homicide Act 2007.” Child and Family Law Quarterly 30.2 (2018): 121-144.

In this article, the concept of medical negligence has been discussed in the light of the crime of ‘manslaughter’ as a result of the negligence caused by the medical facilities, private or governed by the state. In this regard, the impact of the Corporate Manslaughter and Corporate Homicide Act is imperative to know and discuss so that it acts as a dissemination of knowledge among the researchers and common people, so that the defaulters could be held responsible for their breach of duty and negligence. 

My goal is to be a successful corporate lawyer and be capable of solving corporate related high profile cases.

Year	Educational Institution	Course
2020-Present	Ardent University, London	Master of Law
2019-2020	Paisii Hilendarski, Plovdiv, Bulgaria	General Subject course
2015-2019	University of Bulgaria School of Law	Bachelor of Law

Year	Institution	Job Description	Duration
2020	Security Institution in London	Security Guard	2020 to current
2019 October to 2020 November	The Courthouse Hotel London	Assistant Human resources Manager	13 Months

Year	Institutions/Company	Job Description
March 2019-current	North London gas Station	Retail outlet Manager in Gas Station
April 2018-February 2019	STARZ Legal Services, Sofia, Bulgaria in Bulgaria Mall	Customer Service, Fourth assistant to lawyer
January 2017- March 2018	TZUM, Sofia, Bulgaria	Customer Service and  Cashier
March 2016- December 2016	BULWORK Legal services, Sofia, Bulgaria	Customer Service, Fourth assistant to lawyer

• Has been the prefect in University School of Law, Bulgaria.
• I have been selected as the best in practical in my university for 2 semesters
• Has received a respectable score in each legal subject during the course of my term in Arden University, London.  

• Avid Read
• Interest in corporate laws
• Special interest for animal laws
• Efficient photographer
• Interest towards historical elements  

Svetoslav Tabakov

24 Dickson Road, North London

Phone number: +44 20 4563 2386

[email protected]

McGregor Manuel

Manager of HR Operations

Johnny and Sam Legal House

56 Downtown Baker Street,

London EC3A 4TN

Respected Mr. McGregor,

I write this letter in response to the in-house vacancy advertisement posted by your law firm in The London Times a few days ago. I hereby aim to apply for the post of Legal assistant which has been posted by your firm. The post of legal assistance currently suits my necessary expectations as I am currently completing my masters in Law from The Arden University, London. As a law expert I believe I have the required knowledge in me that can be suitable for the job of the Legal assistant. I have been working on a part time basis with two legal firms in Bulgaria. I have worked as an assistant to some well known lawyers in these firms and have experienced some good and quite complicated cases within the time I stayed with these firms. My law degree from Bulgaria has also been of great help to me as I have been able to utilize my legal knowledge to the full extent in a proper and effective process. I have been good at handling clients and also in providing those with the necessary legal assistance that can be best suited for them. Apart from all these activities, proper scheduling, time management and helping the seniors with cases has been beneficial for me to develop a good idea on this field. Some of my legal knowledge includes my skills to rite legal notices, legal statements, drafting complaints, producing affidavits and researching with legal citations that are an important part of my legal journey. Being a strong believer of human rights and ethical principles I am always in favor of using ethical principles in my work life.

10-Year review

As a legal adviser to a senior, I am sure that I will be the best suited for the job. My legal knowledge and my earlier experience in the same field can help me to deliver the best of the things that are important for the success of the management. I hereby attach all my educational qualifications and early work experience documents along with this letter. I believe that I would be considered properly to ensure success in the most efficient and organized process.

Thanking You,

Svetoslav Tabakov 

As a student of Arden University, Masters in law I believe that I have received an unique opportunity that can surely help me to develop my future career. Such a process can be beneficial for me to develop my skills in the legal field and develop succes accordingly. I believe my educational qualificaiton as the Bachelor of Law has been one of my geratest achievements as it has set the pace or has developed the pillar for my future success. The degree has provided me the idea of the different practical level areas that needs to be explored as a legal assistant. My future success will thus depend on the devlopment of the business process in the most organized manner. As a student of the University Of Bulgaria School Of Law, I have been able to go through a number of legal skill modules that has been important for my growth. These modules has helped me to gain immense exposure to different legal sources like journals, online articles, corporate case laws, corporate security laws, European Union laws and regulations and many more as such. The total process has thus helped me to develop success as I have been able to develop a good idea on this field. Some of my legal knowledge includes my skills to rite legal notices, legal statements, drafting complaints, producing affidavits and researching with legal citations that are an important part of my legal journey. Providing assistance to the clients on legal grounds is something that will surely help me in my journey to grow into a successful corporate case lawyer and will be able to solve high profile corporate cases. As I am a resident of Bulgaria, I have been aware of all the different corporate laws of the country. My one year of stay in the United Kingdom one the other hand, has helped me to gather clear insights on the development of corporate laws in England.

As part of my development, I have worked as an assistant to some well known lawyers in these firms and have experienced some good and quite complicated cases within the time I stayed with these firms. My law degree from Bulgaria has also been of great help to me as I have been able to utilize my legal knowledge to the full extent in a proper and effective process. I have been good at handling clients and also in providing those with the necessary legal assistance that can help my clients in need. 

Azmi, R., Ahmad, S.N.S., Kamil, B.A.M., Akma, N.S. and Zaki, M., THE IMPLEMENTATION OF EMPLOYEE ASSISTANCE PROGRAM IN MALAYSIA, THE UNITED KINGDOM AND AUSTRALIA IN DEALING WITH MENTAL HEALTH ISSUES AT WORKPLACE: AN OVERVIEW.

Blagoycheva, H., ANDREEVA, ?. and Yolova, G., 2018. Legal Framework of Occupational Health Services in the EU and in Bulgaria. Izvestiya Journal of Varna University of Eco-nomics, 62(3-4), pp.250-264.

Brownsword, R., 2019. The Regulation of New Technologies in Professional Services Sectors in the United Kingdom: Key Issues and Comparative Lessons.

Ilareva, V., 2018. Advocacy report on the “red line” detention of asylum seekers upon entry in Bulgaria.

Jeliazkova, M. and Minev, D., 2020. Bulgaria: Poverty Watch 2020. European Anti Poverty Network.

Majcher, I., Flynn, M. and Grange, M., 2020. Ireland and the United Kingdom: Absence of Safeguards?. In Immigration Detention in the European Union (pp. 177-213). Springer, Cham.

Terziev, V., Bogdanova, M., Kanev, D., Georgiev, M. and Simeon, S., 2019. The social assistance system in Bulgaria. IJASOS-International E-journal of Advances in Social Sciences, 5(15).

un Padomes, E.P., 2019. The righT of The accused persons of access To a Lawyer in preLiminary criminaL proceedings according To The criminaL procedure code of repubLic of buLgaria in reference To direcTive 2013/48/eu. Ties?bu zin?tnes uzdevumi, noz?me un n?kotne ties?bu sist?m?s I, p.379.