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Refining the approach to small business liability for environmental damage

Mamutse, BC (2018) Refining the approach to small business liability for environmental damage. Environmental Liability – Law, Policy and Practice, 25 (2). ISSN 0966-2030

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Abstract

Discussions concerning business liability for the environment have traditionally centred on the role of large corporations. This is consistent with the extensive reach and impact of their activities. The vast majority of incorporated entities in the United Kingdom are small private companies, and thus collectively attract a substantial share of prosecution activity for environmental offences. This article contrasts the positive effects of criminal sentencing for environmental offences on the management of large companies, with the difficulty of attaching liability to the controllers of small companies. Recent developments in the field of company law have exposed a fault-line in the scope for imposing personal liability on legitimate small business operators, raising the broader question whether an improved approach to criminal sentencing is as pertinent to such businesses as they are to large businesses and illegal operators. This paper argues that these improvements should be more strongly complemented by support for such businesses to avoid non-deliberate breaches of the criminal law.

Item Type: Article
Uncontrolled Keywords: 1801 Law
Subjects: H Social Sciences > HF Commerce > HF5001 Business
K Law > K Law (General)
Divisions: School of Law
Publisher: Lawtext
Date Deposited: 20 Feb 2019 08:54
Last Modified: 20 Feb 2019 08:59
URI: http://researchonline.ljmu.ac.uk/id/eprint/9877

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