Linklaters Environment and Climate Change Bulletin
Regular updates and discussion on environmental and climate change policy and regulatory issues relevant to our clients, by the Linklaters Environment and Climate Change practice |
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Chandler v Cape plc.
21 May 2012
The Court of Appeal has upheld a decision of the High Court which found that a parent company owed a direct duty of care to an employee of one of its subsidiaries, in Chandler v Cape [2012] EWCA (Civ) 525.
In this case, the claimant, Mr Chandler, was employed by a subsidiary of Cape plc for just over 18 months from 1959 to 1962. During the course of his employment, Mr Chandler was exposed to asbestos fibres and in 2007, Mr Chandler was diagnosed with asbestosis. By this time, the subsidiary entity had been dissolved. Mr Chandler’s estate brought a claim against Cape plc alleging it had owed (and breached) a duty of care to Mr Chandler. It was held at first instance that Cape plc owed Mr Chandler a duty of care. Cape plc appealed, but its appeal was dismissed.
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