Source: All England Reporter
Publisher Citation: [2012] All ER (D) 123 (Apr)
Neutral Citation: [2012] EWCA Civ 525
Court: Court of Appeal, Civil Division
Judge:

Arden, Moses and McFarlane LJJ
Representation Robert Weir QC, Simon Levene and Sudhanshu Swaroop (instructed by Leigh Day & Co) for the claimant.
  Jeremy Stuart-Smith QC and Charles Feeny (instructed by Greenwoods) for the defendant.
Judgment Dates: 25 April 2012

Catchwords

Negligence - Duty to take care - Existence of duty - Exposure to asbestos dust - Claimant exposed to asbestos dust during courses of employment with CBP - CBP ceasing to exist and claimant issuing proceedings against defendant parent company - Judge finding defendant assumed responsibility for duty of care to claimant - Whether judge erring.

The Case

Negligence Duty to take care. The Court of Appeal, Civil Division, in dismissing an appeal against a finding that the defendant parent company had assumed responsibility for the claimant employee of its subsidiary where the claimant had contracted asbestosis by reason of his employment, held that in appropriate circumstances, the law might impose on a parent company responsibility for the health and safety of its subsidiary's employees. The question was whether what the parent company had done amounted to taking on a direct duty to the subsidiary's employees.

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