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Turning Points of Corporate Manslaughter Reform in England and Wales Were Inhibited by Reasons of Marked Similarity Between 1912 and 1999

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Turning Points of Corporate Manslaughter Reform in England and Wales Were Inhibited by Reasons of Marked Similarity Between 1912 and 1999 Title Page TURNING POINTS OF CORPORATE MANSLAUGHTER REFORM IN ENGLAND AND WALES FROM 1912 TO 1999 Christina Ann PATMAN Salford Law, Salford Business School University of Salford, Salford, UK Ph.D Thesis June 2018 TABLE OF CONTENTS Table of Contents .............................................................................................................. 1 Abstract ............................................................................................................................ 4 List of Abbreviations and Acronyms .................................................................................. 6 Table of Cases ................................................................................................................... 8 Table of Statutes ............................................................................................................. 16 Table of Statutory Instruments ....................................................................................... 21 Table of Foreign Legislation and European Legislation .................................................... 23 Table of Figures ............................................................................................................... 24 Acknowledgements......................................................................................................... 25 INTRODUCTION ...................................................................................... 26 Introduction ........................................................................................................ 26 Justification of the Thesis..................................................................................... 39 Analytical Framework, including Methodology .................................................... 55 Structure of the Thesis ......................................................................................... 63 HISTORICAL BACKGROUND TO CORPORATE MANSLAUGHTER ............... 66 Introduction ........................................................................................................ 66 Historical Development of the Corporation before 1912 ..................................... 67 Historical Interrelationship between Criminal Laws and the Law of Tort before 1912 .................................................................................................................... 79 Historical Development of Homicide, Murder and Manslaughter before 1912 .... 82 The Historical Development of Corporate Criminal Liability and Corporate Manslaughter before 1912 .................................................................................. 86 2.5.1 Corporations and Criminal Offences .................................................................... 86 2.5.2 Corporations and Workplace Fatalities ................................................................ 95 Conclusion ......................................................................................................... 102 THE IMPACT OF THE IDENTIFICATION DOCTRINE ON CORPORATE CRIMINAL LIABILITY AND CORPORATE MANSLAUGHTER FROM 1912 TO 1939 .............. 104 Introduction ...................................................................................................... 104 The Development of the Corporation (1912 to 1939) ........................................ 109 Corporate Criminal Liability from 1912 to 1939 ................................................. 115 First Turning Point of Corporate Manslaughter Reform: The Creation of the Identification Doctrine (1915) ............................................................................ 126 3.4.1 Facts of the Lennard’s Case ............................................................................... 129 3.4.2 The Creation of the Identification Doctrine and Judicial Reasoning .................... 134 1 Second Turning Point of Corporate Manslaughter: R v Cory Brothers & Co (1927) .......................................................................................................................... 144 3.5.1 Brief Overview of Gross Negligence Manslaughter from 1912 to 1939 .............. 147 3.5.2 The Facts in R v Cory Brothers (1927) ................................................................ 148 3.5.3 Factual Discrepancies ........................................................................................ 151 3.5.4 Judicial Reasoning and Behaviour in R v Cory Brothers (1927) ........................... 156 3.5.5 Silent Corporate Documents .............................................................................. 165 Conclusion ......................................................................................................... 171 IDENTIFICATION DOCTRINE REASONING, DISASTERS AND MISSED TURNING POINTS OF CORPORATE MANSLAUGHTER REFORM FROM 1939 TO 1965 ..... 174 Introduction ...................................................................................................... 174 Development of the Corporation 1939 to 1965 ................................................. 181 Third Turning Point of Corporate Manslaughter Reform: The Three Fraud Cases and Identification Doctrine Reasoning ............................................................... 190 4.3.1 The Use of the Identification Doctrine to Determine Corporate Criminal Liability from 1944 to 1965 ............................................................................................. 207 Fourth Turning Point of Corporate Manslaughter Reform: No Prosecutions for Corporate Manslaughter (1944–1964) ............................................................... 214 4.4.1 The Burnden Park Stadium Disaster in Bolton (1946) ......................................... 216 4.4.2 The Eppleton Mining Disaster (1951) ................................................................. 224 4.4.3 The Lewisham Rail Crash (1957) ........................................................................ 229 Fifth Turning Point of Corporate Manslaughter Reform: R v Northern Strip Construction Co Ltd (1965) ................................................................................ 234 4.5.1 Brief Overview of Gross Negligence Manslaughter Law (‘Culpable Neglect Manslaughter’) from 1939 to 1965 .................................................................... 236 4.5.2 The Facts of R v Northern Strip Mining Company (1965) .................................... 237 4.5.3 Judicial Reasoning in R v Northern Strip Corporation Limited ............................ 239 Conclusion ......................................................................................................... 241 RISE OF POST-DISASTER REACTIVE LEGISLATION FROM 1965 TO 1999 . 246 Introduction ...................................................................................................... 246 Development of the Corporation from 1965 to 1999 ......................................... 248 Pathway to the Sixth Turning Point of Corporate Manslaughter Reform (1965– 1994): A Miss, an Attempt and Success at Last .................................................. 251 5.3.1 Overview of the Law on Corporate Criminal Liability and Culpable Neglect Manslaughter (1965-1969) ................................................................................ 251 5.3.2 Facts of the Aberfan Disaster (1966) .................................................................. 253 5.3.3 Overview of the Law on Gross Negligence Manslaughter and Corporate Criminal Liability (1969–1990) ......................................................................................... 264 2 5.3.4 Facts of the MS Herald of Free Enterprise Disaster (1987) ................................. 271 5.3.5 Overview of the Law on Gross Negligence Manslaughter and Corporate Criminal Liability (1990–1994) ......................................................................................... 284 5.3.6 Facts of the Lyme Bay Case (1994) ..................................................................... 286 5.3.7 Post-Disaster Reactive Legislation and the Health and Safety at Work etc Act 1974 .......................................................................................................................... 291 Seventh Turning Point of Corporate Manslaughter Reform (1994–1999): Last Chance to Reform the Common Law Offence of Gross Negligence Manslaughter by a Corporation .................................................................................................... 298 5.4.1 Overview of the Law on Corporate Criminal Liability (1994–1999) ..................... 298 5.4.2 Facts of the Southall Train Crash (1997) ............................................................. 303 5.4.3 Attorney General’s Reference (No 2 of 1999) .................................................... 308 Conclusion ......................................................................................................... 313 CONCLUSION ........................................................................................ 319 Introduction ...................................................................................................... 319 Recapitulation of purpose and findings.............................................................. 321 Relationship to previous research and limitations ............................................. 328 Recommendations ............................................................................................. 329 APPENDICES .................................................................................................................
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