Mr Kite was found guilty because he was directly in charge of the activity centre where the children were staying. "At the moment, the law is, in our view, insufficient to deal with what is culpable conduct," said Mr Calvert-Smith. The status of having a separate legal personality also means the newly established corporation will have various characteristics of a natural person. His argument was that the standard rule in negligence described by its Latin maxim Ex turpi causa non oritur actio applied, and as they had conspired to commit an illegal act, he could not have been negligent. The company itself can be found guilty What was the outcome of the Clapham Junction Railway Crash? 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. The clear up effort after the crash which claimed the lives of 35 people Today marks the 25th anniversary of the Clapham Junction rail distaster that killed 35 people, injured hundreds and. The sinking of the Marchioness, in August 1989, is another high profile case which also led to the questioning of the previous common law. Info: 2132 words (9 pages) Essay 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.. This decision could be said to be wrong and the company should have been convicted of corporate manslaughter as there had been a breach of the duty of care the company owed to its employees. Tombs writes that the weight of evidence demonstrating senior management knowledge of these conditions was so blatant arguing that this case may not be a watershed, rather possibly a special case and Roper notes that in a situation where the evidence was not so blatant (as Tombs describes it) it would likely be much harder for the prosecution to establish to the criminal standard of proof that the senior management played a substantial element in the gross breach.. Angelos Tzortzinis for The New York . In the lens of the Grenfell Tower incident, one of the largest potential problems is determining whether or not the council performs an exclusive public function an argument brought forward by Professor Oliver (see above).

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