CORPORATE KILLING

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CORPORATE KILLING

• THE IMPACT ON THE LIABILITY MARKET
• by Debbie Chantler

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• A charge of CORPORATE MANSLAUGHTER against the
  company
• A charge of MANSLAUGHTER against an individual

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FOR COMPANIES

• Corporate Killing

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FOR INDIVIDUALS

• Reckless Killing
• Killing by Gross Carelessness

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FIRST MEETING WITH INSURED

• Dealt with at Senior Level - Chairman/Chief
  Executive
• Are the Solicitors competent?
• Is there conflict between Insurers and Insured?

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CONFLICT WITHIN THE COMPANY

• Is there conflict between Insured Company and
  individual Directors/Employees?
• Is separate representation required?
• Who pays?

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EVIDENCE COLLECTION

• S20 interview
• PACE interview
• Retention of Experts

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CRIMINAL PROCESS

• Summons issued
• Magistrates/Crown Court
• Plea in mitigation
• Fully contested Trial

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REDRESSING THE BALANCE

• Create a selling feature
• Risk Management
• Dedicated teams