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This shows the act has had little influence on the courts due to the small amount of convictions. Therefore, this contributed to him and the company being found guilty for the death of four students due to insufficient safety measures. . For example, distinguishing the senior management of some companies. A total of 35 people were killed in the collision, while 484 were injured. In 2003, the Appeal Court in Edinburgh rejected a charge of "culpable homicide" (the Scottish equivalent of the law in England, now known as "corporate homicide") against the gas pipeline firm Transco after the death of a family of four in Larkhall in 1999. The collision was the deadliest rail accident in the country's history. The British Rail Board admitted liability for the accident, which. An inquest jury returned verdicts of unlawful killing in 187 cases. The Court of Appeal rejected this argument with Lord Justice Kay opining the very same public policy that causes the civil courts to refuse the claim points in a quite different direction in considering a criminal offence. He continues Further the criminal law will not hesitate to act to prevent serious injury or death even when the persons subjected to such injury or death may have consented to or willingly accepted the risk of actual injury or death., Clarkson argues that the danger with the duty of care provision is that the door would be open to similar arguments all over again. Tony Woodcock, then head of investigation and regulation at Stephenson Harwood is quoted in the Law Society Gazette as saying The movement in concepts of the duty of care in tort is notorious and presents difficulties of uncertainty.. The case which emphasises the idea and importance of a company being a separate legal personality from the people who created it is Salamon v Salamon & Co Ltd 1897. However, it could be argued that British Rail should have been convicted of corporate manslaughter, due to them having a duty of care towards their passengers. Home; News. In this case, Tesco advertised in their shop window washing powder for sale at a discounted price for which they had no stock. However, the act has only been in force for two years consequently, the courts may find it easier to interpret in the future leading to further convictions of corporate manslaughter. However the criminal law and the civil laws have different aims. [3][4], As a result of the collisions, 35 people died, and 69 were seriously injured. A third train, carrying no passengers and comprising 4VEP units 3004 and 3425, was passing on the adjacent line in the other direction and collided with the wreckage immediately after the initial impact. Tesco appealed to the divisional courts where the conviction was upheld before appealing to the House of Lords. Journal of Social Welfare and Family Law, Vol. In 1996 the collision was one of the events cited by the Law Commission as reason for new law on manslaughter, resulting in the Corporate Manslaughter and Corporate Homicide Act 2007. Travel and Life. The Labour MP, Andrew Dismore, a former personal injuries lawyer, is a strong supporter of reforming the law and has already introduced a Corporate Homicide Bill in the House of Commons. Only 7 convictions have been made since the act was bought into force, even though 34 prosecutions were bought in front of the courts. The ongoing investigations publicized the fact that the events that had caused the disasters would have been preventable if the management practice had been of good quality. Also, even though there are only a few deaths which take place within the workplace, they will still be dealt with under the healthy and safety law whereas, they could be concluded under the manslaughter and homicide law. clapham rail disaster corporate manslaughter. Others are directors and managers who represent the directing mind and will of the company, and control what it does. Roper reports in her 10 year review that the criticism of the senior management test hasnt proved to be central issues in the cases to date. She does go on to argue that without the limiting effect of the test, it was very likely more cases may have been brought. A key case demonstrating this principal is Tesco Supermarkets v Nattras, brought under the Trade Descriptions Act 1968. Roper V, The Corporate Manslaughter and Corporate Homicide Act 2007 a 10-year review, Journal of Criminal Law (2018). The operator in the nearby Raynes Park electrical control room suspected there had been a derailment and re-configured the supply so that the nearby Wimbledon line trains could still run. st lawrence county police blotter; how soon after gallbladder surgery can i get a tattoo; taurus horoscope today and tomorrow; grubhub acquisition multiple Another challenge will be in the senior management test as it must be found that their failings played a substantial part in the breach of duty leading to death. British Rail may face a charge of corporate manslaughter after the official report into the Clapham rail crash. Updated on Apr 13, 2022. Sir Martin Moore-Bick, heading the Inquiry, indicated he would not shrink from making findings or recommendations on the grounds that criminal charges might be brought. The Clapham Junction railway crash occurred on the morning of 12 December 1988, when a crowded British Rail passenger train crashed into the rear of another train that had stopped at a signal just south of Clapham Junction railway station in London, England, and subsequently sideswiped an empty train travelling in the opposite direction. Last year the government set out plans to tighten up the law in this area, in order to make prosecutions easier. Whether or not a duty of care is owed is a question of law to be decided by a judge, not a jury, but its requirement has drawn academic criticism. [22] Cab radios, linking driver and signalman, were recommended[23] and to begin installing public address system on existing trains that were not expected to be withdrawn within five years. New wiring had been installed, but the old wiring had been left in place and not adequately secured. Critically evaluate the current law relating to corporate manslaughter. Corporate Manslaughter - 1857, the Herald of Free Enterprise Capsized, killing 193 people - 1897, 31 people died in King's Cross Fire - 1988, 167 people died in the Piper Alpha oil rig fire - 1988, the Clapham train crash killed 35 people - 1989, the Marchioness pleasure boat sank, killing 51 people - 1997, 6 people killed in the Southall . Thursday 25 October 2001 00:00. Joseph Stoddart, manager of the St Alban's centre in Lyme Regis, was found not guilty of the same charges after the jury failed to reach a verdict. This makes convictions very complicated for the courts as it is not always easy to work out who the senior management of the company is if it has a complicated management structure. The act requires that a substantial element of the breach of duty must be attributable to the failings of the senior management of a company. Act 1974, but they were not prosecuted for manslaughter. [21] Unprotected wrong side signal failures where the failure permitted a train to go beyond where it was permitted had to be reported to the Railway Inspectorate. Even if the directors are not found guilty, the company can still be found guilty and therefore convicted. It is yet to be seen if the CMCHA 2007 will be truly effective against large companies or local authorities. Here are five examples of corporate cases brought to trial before The Corporate Manslaughter and Corporate Homicide Act 2007 was given Royal Assent. It remains to be seen what hurdle this element of the offence would have in a prosecution against a complex large organisation like the Royal Borough of Kensington & Chelsea. Business; Politics; Military; Elections; Law; Immigration; Technology. Also, a relevant duty of care can be the duty the company owes to anyone involved directly with the company, for example the suppliers. It was against this backdrop that the Law Commission proposed new legislation to reform the offence of Corporate Manslaughter which was enacted in The Corporate Manslaughter and Corporate Homicide Act 2007.. "At the moment, the law is, in our view, insufficient to deal with what is culpable conduct," said Mr Calvert-Smith. On the morning of 12 December 1988, a crowded passenger train crashed into the rear of another train that had stopped at a signal, just south of Clapham Junction railway station in London, and subsequently sideswiped an empty train travelling in the opposite direction. The nineteen-eighties and -nineties saw a number of multi- fatality, high profile accidents in the UK, including the Bradford City Fire in 1985; the Herald of Free Enterprise capsize and Kings Cross fire in 1987; the Piper Alpha explosion and the Clapham rail crash in 1988; the Hillsborough disaster and the sinking of the Marchioness in 1989 . 'accidents' associated with corporate activity the Clapham Rail disaster, the King's Cross re, the Piper Alpha oil rig explosion, and most promi . *You can also browse our support articles here >. 1988 - Worst off-shore 'disaster - Piper Alpha 'Corporate Violence' (Croall, 2011 . However, criticism of the act alleged that in some ways the act was a wolf in sheeps clothing; a lack of individual culpability, the Identification Doctrine replaced by the Senior Management test (which some suggest could be troublesome to overcome in large and complex organisations), and exclusions wide enough to give the impression of Crown immunity by the back door. These include the Kings Cross Underground Fire, The Clapham Rail Crash, and The Herald of Free Enterprise tragedy. Piper Alpha is another case which involved no conviction of corporate manslaughter and lead to the questioning and suitability of the common law in place. At the opening of the inquiry, Sir Martin stated that the scale of the task is enormous adding he would not shrink from making findings which could affect criminal prosecutions or civil actions. Some of the notable incidences were the Clapham Rail disaster of 1988, leading to 35 dead and 500 injured. In conclusion, several issues may make successful prosecution difficult in relation to Grenfell. On the whole, the application of the Corporate Manslaughter and Corporate Homicide Act 2007 is very specific and in depth compared to the previous application of the common law. The starting position is that corporations undoubtedly ought not to kill without a good reason calling into question the requirement for a duty at all. Academics have suggested that these requirements serve to perpetuate some of the stumbling blocks that hindered prosecutions under the old common law. Roper concludes that we will have to wait to see if the concerns about the duty of care requirement were in fact well founded.. The crash, just south of Clapham Junction station, killed 35 people and left. This is the acts causation element which is left undefined. Lockdown sceptics like me were demonised but we were right, Republicans can't follow 'celebrity leaders' with 'fragile egos', says Trump's ex-lieutenant Mike Pompeo, Alexandria Ocasio-Cortez's failure to pay for couture 'tax the rich' dress 'may have broken rules', Losing to Leeds put Thomas Tuchel in a tailspin Graham Potter cant afford same fate, Pep Guardiola fumes at double standards over Manchester City timewasting, New batch of Kings Coronation oil features some extra special ingredients. clapham rail disaster corporate manslaughter. The Identification theory also known as the Identification principal presented a bar to prosecutions due to the difficulty in finding the directing mind and will of a company. [11], An independent inquiry was chaired by Anthony Hidden, QC for the Department for Transport. There have been other acquittals for Corporate Manslaughter including in R v PS and JE Ward which demonstrates the difference in the standards expected by Health and Safety legislation and the burden of proof, beyond all reasonable doubt, for corporate manslaughter. HKARMS Lasting effects of material railway safety accidents 18 November 1987 King's Cross fire in the UK 12 December 1988 Clapham Junction train collision in the UK 3 June 1998 Major derailment of German ICE Intercity Express 25 April 2005 Amagasaki derailment in Japan 24 July 2013 Santiago de Compostela derailment 22 March 2016 Engineer jailed for sending his team to . A relevant duty of care can be the duty the company owes to its employees, the customers using the service of the company or the duty the company owes as the occupier of its premises. The second issue with the duty of care requirement is the intermingling of civil and criminal laws which Lord Justice Kay in the case of R v Wacker suggests have two different aims. He picked up the receiver and spoke to the signalman, informing him of the collision and asking him to call the emergency services. The first four chapters will develop a key No convictions were made by the courts, even though British Rail had failed to recognise a severe signalling problem; leading to the death of 35 people, with a further 500 being injured. The disaster at Grenfell Tower has been described by David Lammy, Labour MP for Tottenham, as a case of " corporate manslaughter ". The Most Interesting Articles, Mysteries and Discoveries. the Clapham rail crash and the Herald of Free Enterprise tragedy as examples of situations in which inquiries had "found . Unable to stop at the signal, he stopped his train at the next signal and then reported to the signal box by means of a line-side telephone. You should not treat any information in this essay as being authoritative. A consumer purchased the pack for a shilling more than advertised as a result. The council may also argue that its decision was based on the allocation of resources which may also engage a S3(1) defence. The act says: A relevant duty of care, in relation to an organisation, means any of the following duties owed by it under the law of negligence and goes on to list a number of different duties. There is some debate to how well this case tests the senior management test, given that on the facts there was a somewhat smoking gun as the company had received clear, unequivocal and repeated warnings of a stockpiling hazard but had not acted. They should have made sure adequate and safe signalling was in place to prevent any danger to the passengers onboard their trains. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Rail 'disasters': 1988 - Clapham. [31], In 2017, a Rail Accident Investigation Branch report into a serious irregularity at Cardiff Central on 29 December 2016 revealed that some of the lessons from the Clapham Junction accident appeared to have been forgotten. However, after an eight-month Old Bailey trial in 2005, Balfour Beatty was fined 10m for breaching health and safety regulations (later reduced to 7.5m). The driver of a fourth train, coasting with no traction current, saw the other trains and managed to come to a stop behind the other two and the signal that should have protected them, which was showing a yellow "proceed with caution" aspect instead of a red "danger" aspect. Explaining its decision. Under the government's proposals, a new test of liability would be the failure of the company to do everything practicable to prevent accidents. Hidden was critical of the health and safety culture within British Rail at the time, and his recommendations included ensuring that work was independently inspected and that a senior project manager be made responsible for all aspects of any major, safety-critical project such as re-signalling work. However, approval was given in 1984 after a report of three wrong-side signal failures. Mr Salamon was told he could not claim back the money from his debenture as he had been lending money to himself from the company. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. One case exists of the prosecution of a larger company: CAV Aerospace. A secondary issue is the application of civil law in criminal prosecutions. He was told there was nothing wrong with the signal. At 8.13am on 12 December 1988, three trains collided in south London in one of the UK's worst rail disasters. Gobert writes: Further, through its requirement that persons who play a significant role in the formulation and/or implementation of organisation policy be shown to have made a substantial contribution to the corporate offence, the Act threatens to perpetuate the same evidentiary stumbling blocks that frustrated prosecutions under the identification doctrine., In commenting on the draft bill in 2005, Clarkson noted that the requirement of identifying senior managers threatens to open the door to endless argument in court as to whether certain persons do or do not constitute senior managers.. The primary cause of the crash was incorrect wiring work during a stage of the Waterloo Area Resignalling Scheme (WARS); this work left a redundant wire connected at one end, and bare at the other. The family and friends of the deceased may find this offensive and disheartening as no one is being punished for their wrong doing, which led to the death of their relative or friend. The Corporate Manslaughter and Corporate Homicide Act 2007 is based upon a Law Commission report published as long ago as 1996 ( Legislating the Criminal Code Involuntary Manslaughter Law Com No. Honey Marie Rose v R [2017] EWCA Crim 1168. Daniels S, Corporate Manslaughter in the Maritime and Aviation Industries (2016), Bastable G, Legislative Comment: Making a Killing, European Lawyer (2008), Warburton C, Corporate manslaughter: in deep water, Health & Safety at Work (September 2017), Crown Prosecution Service Corporate Manslaughter (Legal Guidance, Violent Crime) < https://www.cps.gov.uk/legal-guidance/corporate-manslaughter> Accessed 2nd March 2018, Law Commission, Legislating The Criminal Code, Involuntary Manslaughter (Law Com 237, 1996), Ministry of Justice, Understanding the Corporate Manslaughter and Corporate Homicide Act 2007, https://web.archive.org/web/20071025031113/http://www.justice.gov.uk/docs/manslaughterhomicideact07.pdf, Draft Corporate Manslaughter Bill, First Joint Report of Session 20052006, Volume 1: Report, HC540-I (2005), Sentencing Council, Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences Definitive Guideline (2015), Benjamin Kentish, Grenfell Tower Fire Caused by faulty fridge on fourth floor, reports suggest, The Independent, 16 June 2017; accessed 25th February 2018, Kevin Rawlinson, Harriet Sherwood and Vikram Dodd Grenfell Tower final death toll: police say 71 lives lost as result of fire The Guardian, 16th November 2017 < https://www.theguardian.com/uk-news/2017/nov/16/grenfell-tower-final-death-toll-police-say-71-people-died-in-fire> accessed 25th February 2018, Paul Gallagher, Grenfell Tower inquiry: My job is to get to the truth, chairman says, iNews, September 14th 2017 < https://inews.co.uk/news/grenfell-tower-public-inquiry-opening-hearing/> accessed 25th February 2018, Jonathan Grimes, Impact of the Corporate Manslaughter and Corporate Homicide Act 2007, Thomson Reuters Practical Law, < https://uk.practicallaw.thomsonreuters.com/Document/I1fdf7cdc590011e598dc8b09b4f043e0/View/FullText.html?comp=pluk&transitionType=SearchItem&contextData=(sc.Search)&OWSessionId=NA&skipAnonymous=true&firstPage=true> accessed February 25th 2018, Centre for Corporate Accountability, Manslaughter Cases Convictions of Companies, Directors etc. The problem, it said, arose through trying to identify the people who were the "embodiment" of the company. In that incident, a pair of redundant points had been left in an unsafe condition and undetectable by the signalling system. [11] Work associated with the Waterloo Area Resignalling Scheme meant new wiring had been installed,[12] but the old wiring had been left connected at one end, and loose and uninsulated at the other. This essay will investigate into the previous common law identification principle and the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007. On 12 December 1988 the 07:18 from Basingstoke to London Waterloo, a crowded 12-car train made up of four-car 4VEP electric multiple units 3033, 3119 and 3005, was approaching Clapham Junction when the driver saw the signal ahead of him change from green ("proceed") to red ("danger"). Document Summary. However it should be noted that of the 21 convictions up to 5th April 2017, none have been against a council or local authority and the largest company convicted employed about 550 staff. P&O Ferries Ltd was charged with corporate manslaughter and a further 7 individuals within the company were charged with gross negligence manslaughter; however the case collapsed and no convictions were made. Take a look at some weird laws from around the world! It is very unlikely a conviction would have been at the trail of these cases as the act is complicated and it is just as difficult to find a company guilty of corporate manslaughter under the act as it is under the common law, which previously existed. Boyle turned towards it; and even as he turned the echo in the inner room changed to a long tingling sound like an electric bell, and then to a faint crash. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas. If the Basingstoke train had carried on to the signal following the next signal, the crash would not have happened because the Bournemouth train would have stopped at the signal where the crash occurred. This led directly to the death of an employee. The British Rail Board admitted liability for the accident, which was attributed to careless work by signal engineers. The legislation opens the door to arguments about what construes a significant role in a substantial part of an organisations activities. Corporate killing: Government proposals for reforming law on corporate manslaughter . Peter Kite, owner of OLL Limited, was jailed for three years, and his company fined 60,000 following the 1993 Lyme Bay canoeing tragedy in which four teenagers died. British Rail were fined 250,000 as the signalling technician . BBC producer Clifford Thompson, who at that time worked as a. The identification doctrine only allows for an individual to be found guilty of corporate manslaughter and this is evident in s1(3) of the act because the conviction will not be made unless an individual, part of the senior management, is found guilty. The collision was the result of a signal failure caused by a wiring fault. If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! The perplexities of what constitutes gross negligence has been illustrated in the case of Honey Marie Rose v R, in which the Court of Appeal overturned the controversial conviction of optometrist, Honey Marie Rose.. Indictments could follow against designers, contractors and the local authority, charges of gross negligence manslaughter being brought against individuals, and corporate manslaughter in respect to companies or bodies. The Clapham Junction rail crash, which involved a collision of three trains in December 1988, is one case which resulted in no one being found guilty of corporate manslaughter. It is an act of homicide, i.e., (un)intentional harmful accidental, negligent, or reckless acts that lead to death(s). The state of mind of these managers is the state of mind of the company and is treated by the law as such.. The Act was intended to make it easier to convict organisations (particularly large ones) when their gross negligence leads to death. A total of 35 people were killed in the collision, while 484 were injured. ) Officers investigating the death of a man in Lambeth have charged a man with murder. Neither the Clapham rail disaster nor the Paddington rail crash resulted in convictions for corporate manslaughter. Act 1974,[28] there was no prosecution for manslaughter. For the Crown Prosecution Service (CPS), the main stumbling block in bringing charges against directors of a company is that direct responsibility must be shown. Therefore the prosecution will need to prove that the breach was a more than minimal contribution to the death (de minimus), This approach has been criticised as the Law Commission had explicitly stated as a recommendation that it should be possible for a management failure on the part of a corporation to be a cause of a persons death even if the immediate cause is the act or omission of an individual., James Gobert argues that The 2007 Act rejects the law commissions conception of causation in favour of the more conventional approach to causation used by the courts which have been a source of controversy and confusion and continues by saying in light of the subsequent decision of the House of Lords in R v. Kennedy (2) indicating that free and voluntary acts of informed adults of sound mind will ordinarily break a chain of causation, the Law Commissions formulation may be needed more than ever if the Act is to have any bite.. Issues with the old law offence and its identification doctrine, whereby the directing mind and will had to be identified led to high profile tragedies where corporate bodies had been at fault, but no successful manslaughter conviction had been brought. This can be seen in the case of R v Wacker in the Court of Appeal where the defendant appealed his conviction for Gross Negligent Manslaughter where negligence is defined by grossly falling below the duty of care as defined in Tort. When the catastrophic fire at Grenfell Tower in London in June 2017 claimed 72 lives and injured another 70, it was termed corporate manslaughter by MP David Lammy (Hughes 2017 ). In January 2005 the trial began of five rail managers and the company Balfour Beatty Rail Maintenance (which employed two of the managers), charged with manslaughter over the death of four men in the Hatfield Train Crash of 2000. Disasters such as the King's Cross fire in which 31 died, the Clapham rail crash in which 35 were killed, and the sinking of the Herald of Free Enterprise off Zeebrugge with the loss of 188 lives . Furthermore, the fact that no convictions were made could have made the government feel under pressure to change the law and make it easier for companies to be found guilty of corporate manslaughter. The management practice has got to be something that can be directly linked to the deaths which occurred. The crash site, near the Vale of Tempe, in northern Greece, on Friday. An independent inquiry chaired by Anthony Hidden, QC found that the signalling technician responsible had not been told that his working practices were wrong, and his work had not been inspected by an independent person. British Transport Police, Hertfordshire Police and health and safety executives examine the train following the Hatfield rail disaster in 2000. read full story Consequently, this separate legal personality creates a veil of incorporation between the company and its members/shareholders. Report shows footage of aftermath of crash with wounded being treated.. Years of delays and neglect have left Greece with a hobbled system. Corporate manslaughter, which seeks to make company employees criminally culpable for serious wrongdoing, is notoriously difficult to prove. As of 1999, the rule book had not been changed. The elements of the CMCHA 2007 are as follows: The new act brought a significant step forward by removing Crown immunity for certain government departments and allowing prosecutions to be brought against a wide range of bodies. Although the maximum fine is 20m, there are several conditions in step four of the Sentencing Councils guidelines that may affect any proposed fine. The Corporate Manslaughter and Corporate Homicide Act was introduced in 2007 and came into force on 6th April 2008 providing a more effective means for prosecuting the worst corporate failures to manage health and safety properly.. [14] The re-signalling project had been planned assuming more people were available, but employees felt that the programme was inflexible and that they were under pressure to get the work done. Despite the complaints of residents, it may be difficult to find the smoking gun present in the CAV Aerospace case. Corporate manslaughter is a criminal offence committed by corporations, companies, or organizations. Earlier this month, survivors of the Paddington rail disaster criticised the decision not to prosecute anyone for manslaughter over the crash which killed 31 people. International Company and Commercial Law Review (2013), Andrew Hopkin, Corporate Manslaughter Prosecution Judgment Synopsis, < https://www.brownejacobson.com/health/training-and-resources/legal-updates/2016/01/corporate-manslaughter-prosecution-judgment-synopsis> accessed 20th March 2018, Nick McMahon and Mamata Dutta, Corporate Manslaughter a tale of two acquittals and a conviction < https://www.lexology.com/library/detail.aspx?g=579241d8-655c-4fe9-b731-0c069bfe141e> Accessed 24th March 2018, Ormerod D and Laird K, Smith and Hogans Criminal Law 14th Edition (2015), https://www.cps.gov.uk/legal-guidance/corporate-manslaughter, https://web.archive.org/web/20071025031113/http://www.justice.gov.uk/docs/manslaughterhomicideact07.pdf, http://www.independent.co.uk/news/uk/home-news/grenfell-tower-cause-fridge-faulty-fourth-floor-london-kensington-disaster-latest-a7792566.html, https://www.theguardian.com/uk-news/2017/nov/16/grenfell-tower-final-death-toll-police-say-71-people-died-in-fire, https://inews.co.uk/news/grenfell-tower-public-inquiry-opening-hearing/, https://uk.practicallaw.thomsonreuters.com/Document/I1fdf7cdc590011e598dc8b09b4f043e0/View/FullText.html?comp=pluk&transitionType=SearchItem&contextData=(sc.Search)&OWSessionId=NA&skipAnonymous=true&firstPage=true, http://www.corporateaccountability.org.uk/manslaughter/cases/convcases/2.htm, https://www.brownejacobson.com/health/training-and-resources/legal-updates/2016/01/corporate-manslaughter-prosecution-judgment-synopsis, https://www.lexology.com/library/detail.aspx?g=579241d8-655c-4fe9-b731-0c069bfe141e, a substantial element of that breach was in the way those activities were managed or organised, the defendant must not fall within one of the.