Title: Does the criminal law have a role in the corporate setting?

Authors: Annabelle James, James Kirkbride, Steve Letza

Addresses: The Leeds Law School, Leeds Metropolitan University, Bronte Hall, Beckett Park, Leeds, LS6 3QS, UK. ' Faculty of Business and Law, Liverpool John Moores University, John Foster Building, 98 Mount Pleasant, Liverpool L3 5U2, UK. ' Faculty of Business and Law, Liverpool John Moores University, John Foster Building, 98 Mount Pleasant, Liverpool L3 5U2, UK

Abstract: The use of criminal law in the corporate setting has risen in the Corporate Governance agenda in recent months. Compelled by the prosecutions of six former Railtrack plc senior managers, the paper discusses the relevance of criminal law as a disciplining force on directors and managers. The paper provides a detailed case study of Railtrack plc drawing out the major issues of relevance in applying the criminal law to a large complex company such as Railtrack plc.

Keywords: corporate governance; director prosecution; criminal law; UK; Railtrack plc; corporate manslaughter; management responsibility.

DOI: 10.1504/IJBGE.2005.006734

International Journal of Business Governance and Ethics, 2005 Vol.1 No.4, pp.259 - 276

Published online: 04 Apr 2005 *

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