1. The Corporate Manslaughter and Corporate Homicide Act 2007 has created a new offence of corporate manslaughter. The offence can be committed by companies and by other incorporated bodies, such as LLPs, as well as by some types of unincorporated associations, such as partnerships. In light of this legislation discuss the implications this may have on a business organisation. (25 marks)

1. Cowell Investments Ltd was the owner of a warehouse in Larne, called Cowell House, where it was discovered after an inspection by Health & Safety officials, that the roof needed urgent repairs.

Both the Health and Safety Executive and Larne Municipal Council issued warnings to the company about the dangers involved in the repair work and specifically the need for safety measures such as netting to be put in place.

Despite this, the directors, two brothers Ringo and George Cowell, engaged their friend John's company, Beatle Metalworks Ltd to carry out the work, without ensuring netting or other safety measures were employed. John did tell the Cowell brothers that Beatle Metalworks Ltd had no experience of roofing work and as such he quoted a fee which was 10,000 less than the fee that was quoted by a recognised roofing contractor.

John did not carry out a risk assessment at the site and sent staff employed by his company onto the roof without any specialised training or equipment. One of those employees was Paul. While working on the roof, Paul stepped onto a discoloured skylight and fell to the ground, a distance of over 20 metres. Paul died in hospital some 15 days later as a result of his injuries.

Requirement

Discuss any possible liability that Cowell Investments Ltd might face under the Corporate Manslaughter and Corporate Homicide Act 2007.