11.   If so, the law has been extended from gross negligence to carelessness.

12.   One difficulty in knowing whether gross negligence manslaughter has survived is the use in older cases of recklessness as a synonym for gross negligence.

13.   In Andrews v DPP Lord Atkin defined gross negligence as a very high degree of negligence or recklessness.

14.   Even after Seymour gross negligence and recklessness are used interchangeably.

15.   In summary, if gross negligence manslaughter survives, it is wider than reckless manslaughter because, provided that the carelessness was gross, the lacuna case is covered.

16.   This type of manslaughter is different from gross negligence manslaughter.

17.   To summarise the exposition so far, a fiduciary cannot exclude liability for fraud, deliberate breach of duty and possibly gross negligence.

18.   Banking industry groups such as the American Bankers Association argue that the law sets gross negligence as the national standard.

19.   Also, some of the defendants may not be liable unless the plaintiffs can show gross negligence.

20.   But if there is clear evidence that the accident was caused by gross negligence that rises to criminal conduct, prosecution may be justified.