THE quashing of manslaughter charges against Railtrack following the Hatfield train disaster in which four people died is likely to accelerate intended reform of corporate manslaughter legislation, a North Yorkshire health and safety lawyer warns.

A decision by Mr Justice McKay at the Old Bailey to drop charges against former Railtrack chief executive, Gerald Corbett and other senior executives, means York and North Yorkshire business chiefs should not

contemplate the likelihood of benefiting from the same legal loophole, warns Jona-than Cripwell, a partner at York-based commercial lawyers, Denison Till.

He said: "Following high profile disasters such as Zeebrugge, Piper Alpha and Paddington, successive governments have said they will end uncertainty over corporate manslaughter by introducing new legislation to prosecute companies for fatalities.

"That promise was renewed on Thursday, but it's still not on the statute book. All the same, the fresh outcry following the dropping of charges in the Hatfield case really does mean that this time they can't duck the issue. Be prepared for it really to happen this time."

Currently, for a company to be convicted for manslaughter by reason of gross negligence, a manslaughter offence has to be established against an individual director or manager.

As a result, it is very difficult to bring a successful prosecution based upon a health and safety system failure against large companies, as with Railtrack in the Hatfield case, as there is no basis upon which to pin fault on one person when various people have been involved.

MrCripwell said: "This is a highly unsatisfactory all round - for the victims and their families and for companies which need to benefit from a strong, clear legal framework in which to operate responsible health and safety policies.

"Businesses in York and North Yorkshire need greater clarity on this issue. Mean-while, they must ensure that their risk management procedures are in place so that this can be demonstrated should they ever face a corporate manslaughter charge."

Updated: 11:17 Tuesday, September 07, 2004