WebStudy with Quizlet and memorize flashcards containing terms like Adams v Cape Industries plc 1990, Chandler v Cape plc 2012, Chen v Butterfield (1996) and more. At first instance, Wyn Williams J held that Cape plc owed Mr Chandler a duty of care, applying the threefold test (foreseeability, proximity and fairness) laid down in Caparo Industries Plc v Dickman. Cape plc had had actual knowledge of the subsidiary employees' working conditions, and the asbestos risk was obvious. It had employed a scientific and medical officer to be responsible for health and safety issues and had, in the circumstances, retained responsibility for ensuring that …
Adams v Cape Industries plc - Wikipedia
WebFacts. Mr Chandler was an employee in a factory owned by Cape Building Products Limited (“Cape Products”) which manufactured asbestos board products during which time he … WebOct 5, 2024 · Section 5 will analyse Chandler v Cape Industries 8 and how the four factors articulated in that case have been implemented in subsequent cases in the context of the Global South, with varying outcomes. Section 6 will conclude with an assessment of corporate liability reform options which could better serve climate and environmental … christian shields
United Kingdom Company Law - Companies and Civil Law - Lifting …
WebFeb 28, 2024 · The parties agreed that the starting point was the House of Lords decision in Caparo Industries PLC v Dickman [1990] and the three-fold test of foreseeability, proximity and reasonableness. ... In Chandler v Cape Plc [2012] the Court of Appeal recognised a duty of care held by a parent company. Importance was placed on the parent/subsidiary ... WebMay 17, 2012 · The Court of Appeal's recent decision in Chandler v Cape PLC imposing a duty of care on a parent company for the health and safety of its subsidiary's employees … WebJun 6, 2024 · A further leading UK case is Prest v Petrodel Resources Ltd [2013] UKSC 34. In this case the Supreme Court provided clarity, as it affirmed that the approach taken in Adams v Cape Industries and it also stated that there is a further requirement for dishonesty by a shareholder before piercing can take place, further limiting its scope. … christian shindig