Written question asked by Gary Waller (Conservative), in the House of Commons. It was due for an answer on Wednesday, 20 November 1996. It was answered by John M Taylor (Conservative) on Wednesday, 20 November 1996 on behalf of the Department of Trade and Industry.

Dept of Trade and Industry

Question: If he will introduce legislation to prevent companies charged with negligence resulting in a fatality from going into liquidation in order to avoid standing trial.

Answer: Mr. Waller: To ask the President of the Board of Trade if he will introduce legislation to prevent companies charged with negligence resulting in a fatality from going into liquidation in order to void standing trial. [4794] Mr. John M. Taylor: Companies may be subject to criminal proceedings notwithstanding the fact that they have gone into liquidation. In cases of windng up by the court leave of the court may be required to bring such proceedings, whilst in cases of voluntary winding up, although leave is not required the court has the power to restrain proceedings on the application of the liquidate. Accordingly, I have no plans to change the law in this area.

Secondary information

Type: Written question
Reference: 4794; 285 c574W;285 c576W
Session: 1996-97
Subjects: Criminal proceedings Death Companies Criminal liability Negligence