Corporate Manslaughter and Corporate Homicide Act of 2007, Section 11.
A. The Two Liability Conventions 101
relevant duty of care owed by the organization to the deceased.241 The Act applies inter alia to a corporation. The offence is termed “corporate manslaughter,” in so far as it is an offence under the law of England and Wales or Northern Ireland; and “corporate homicide,” in so far as it is an offence under the law of Scotland. An organization that is guilty of corporate manslaughter or corporate homicide is liable on conviction to a .ne and the offence of corporate homicide is indictable only in the High Court of Judiciary.242
The Act provides that the concept of “relevant duty of care,” in relation to an organization, means: a duty owed to its employees or to other persons working for the organization or performing services for it; a duty owed as occupier of premises; a duty owedin connection with the supplyby the Organization of goods or services (whether for consideration or not); and the carrying on by the Organization of any construction or maintenance operations, the carrying on by the Organization of any other activity on a commercial basis, or the use or keeping by the Organization of any plant, vehicle or other thing.243 Section 8 of the Act addresses the issue of “gross breach” and provides that where it is established that an Organization owed a relevant duty of care to a person, and it falls to the jury to decide whether there was a gross breach of that duty, the jury must consider whether the evidence shows that the Organization failed to comply with any health and safety legislation that relates to the alleged breach, and if so how serious that failure was: how much of a risk of death it posed. The jury may also consider the extent to which the evidence shows that there were attitudes, policies, systems or accepted practices within the Organi-zation that were likely to have encouraged any such failure or to have produced tolerance of it; taking into consideration any health and safety guidance that relates to the alleged breach. The provision does not prevent a jury from having regard to any other matters they consider relevant. For purposes of this provision, “healthand safety guidance” means any code, guidance, manual or similar publication that is concerned with health and safety matters and is made or issued (under a statutory provision or otherwise) by an authority responsible for the enforcement of any health and safety legislation.
The possible application of this piece of legislation to air transport seems now is a reality, given the nature of the air transportproduct and the operation of aircraft as well as recognition of the link in the convention. The profession of aeronautics, particularly relating to the piloting of aircraft, remains one of the most responsible, particularly in the context of the manylives that are entrusted to the airline pilot at any given time. Commercial airline pilots operate in a highly complex environment, particularly in single pilot operations. The dif.culties faced by pilots in the work environment are compounded by the fact that often inadequate information aggra-vates the problem. Pilots rely heavily on their visual and auditory senses while .ying, and it is of paramount importance that accurate information be available to
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