MP 'sets hare running' with VW corporate manslaughter charge claim

A government minister's suggestion that car giant Volkswagen could face corporate manslaughter charges has been dismissed by a health and safety law expert.

Transport minister Robert Goodwill MP told the Environmental Audit Committee this week that legal proceedings could ensue against the manufacturer if legal advisers supported them.

'That's probably something that's above my pay grade to decide, whether a prosecution of that type might be successful,' he added. 'But certainly if it could be proven that a case like that could be brought then certainly that could be open.'

Goodwill's comments came after MPs were questioned over the number of deaths that could be linked to the VW emissions scandal.

In September the world learned the German company had sold more than 11 million vehicles installed with 'defeat devices' that lowered the amount of nitrogen oxides (NOx) and other pollutants emitted under test conditions.

In a study by Kings College London, data revealed that 5,879 deaths in London can be attributed to nitrogen dioxide (NO2), which is emitted from diesel vehicles. However, Jonathan Grimes, a partner specialising in health and safety law at Kingsley Napley, said the government faces grave difficulties in trying to prosecute VW.

'Mr Goodwill may have unintentionally set a hare running here. The difficulties of trying to prosecute VW for corporate manslaughter over the rigged emissions scandal would be enormous and almost certainly insurmountable,' he commented.

'Not only would it be necessary to show that the actions of VW was the cause of specific deaths', added Grimes, 'but it would also be necessary to establish that a substantial element of VW's failure was the way in which its activities were managed or organised by its senior management.'

He continued: 'Jurisdictional complications would also undoubtedly arise from the fact that the actions in question are likely to have occurred outside the UK.'

VW is already facing several legal actions from disgruntled shareholders and consumers over the emissions scandal.

Matthew Rogers is an editorial assistant at Solicitors Journal matthew.rogers@solicitorsjournal.co.uk