header-logo header-logo

Negligence

03 May 2012
Issue: 7512 / Categories: Case law , Law digest , In Court
printer mail-detail

Chandler v Cape plc [2012] EWCA Civ 525, [2012] All ER (D) 123 (Apr)

There was no imposition or assumption of responsibility by reason only that a company was the parent company of another company. The question was whether what the parent company had done amounted to taking on a direct duty to the subsidiary’s employees. In appropriate circumstances, the law might impose on a parent company responsibility for the health and safety of its subsidiary’s employees.

Those circumstances included a situation where: (i) the business of the parent and subsidiary were in a relevant respect the same; (ii) the parent had, or ought to have had, superior knowledge on some relevant aspect of health and safety in the particular industry; (iii) the subsidiary’s system of work was unsafe as the parent company knew, or ought to have known; and (iv) the parent had known or ought to have foreseen that the subsidiary or its employees would rely on its using that superior knowledge for the employee’s protection. For the purposes of the final issue, it was not

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll