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Insight - Making a killing.
(From Financial Director)
Byline: Andrew Sawers.
The risk of a successful prosecution for corporate manslaughter is very much back on the agenda following two significant developments.
While the issue periodically surfaces after major disasters such as the sinking of the Herald of Free Enterprise, the Piper Alpha oil platform catastrophe or any number of rail crashes, little has been done in legal circles.
But in March 2003, gas supplier Transco lost in its attempt to have a prosecution for "culpable homicide" thrown out of the Scottish courts.
A family of four was killed in Larkhall, Lanarkshire, in 1986 when a gas explosion destroyed their house. The prosecution alleges that Transco knew "the risks of explosion, and hence of personal injury or death, from the leakage of gas as a result of the corrosion of ductile iron pipes".
Moreover, Transco is said to have been aware of the need to deal with such risks "by means of a strategy relative to the use of this type of pipe", concluded Lord Carloway in his judgment.
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