header-logo header-logo

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

Negligence

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll