Summary of Recent Cases – Substantive Law


Court Of Appeal Guidance On When A Parent Company May Owe A Duty Of Care In Relation To The Health And Safety Of Employees Of A Subsidiary Company
Chandler v Cape Plc, CA,25/04/12
The Court of Appeal held that in appropriate circumstances, the law could impose a duty of care on a parent company in respect of the health and safety of employees of its subsidiary companies. The Court of Appeal held that those circumstances may include cases where: (a) the businesses of the parent and subsidiary companies were the same in a relevant respect; (b) the parent company had, or ought to have had, superior knowledge as to particular and relevant health and safety matters within the particular industry; (c) the parent company knew, or ought to have known, that the subsidiary company’s system of work was unsafe; and (d) the parent company knew, or ought to have known, that the subsidiary company and/or its employees relied upon its superior knowledge of the relevant health and safety matters.

May 19, 2012 В· Editorial Team В· Comments Closed
Posted in: Cases