Home > Latest News > Court of Appeal rules that there is no prospect in the Cassley appeal


Court of Appeal rules that there is no prospect in the Cassley appeal




On Friday 8 July, the Court of Appeal finally determined (following a renewal of permission hearing - [2016] EWCA Civ 711) that there can be no appeal against the decision of Mr Justice Coulson in the case of Cassley and Others v GMP Securities Europe LLP & Sundance Resources Ltd [2015] EWHC 722 (QB), in which he dismissed the claim for damages brought by the estate of the Deceased (James Cassley) against his employer (GMP) and its client (Sundance), an Australian mining company, who chartered the ill-fated flight.

At the same permission hearing, the Court of Appeal heard the renewed application for permission in Dusek v Stormharbour Securities LLP [2016] EWCA Civ 604. The Cassley case was tried only weeks after the decision in Dusek in which an employer was found to be liable for the death of its employee on facts that were superficially similar to the present.  

The judgment in Cassley is of significance to those involved in arranging overseas travel for employees. In particular, the judgment provides guidance as to the standards of care that are expected, and perhaps more significantly the limited nature of the steps required to be undertaken by employers, at least in connection with journeys which do not fall into the high risk category.

GMP were successfully defended by John Ross QC and Kiril Waite instructed by Berrymans Lace Mawer LLP.

Latest Stop Press Read more


Supreme Court: CN & GN v Poole Borough Council

16th July 2018

Today (16th July 2018) The Supreme Court will begin hearing the appeal in CN & GN v Poole Borough Council. This is scheduled for one and a half days.

The defendant is represented by Edward Faulks QC, Paul Stagg and Katie Ayres, instructed by Rob Hams of...

Read more

Network Rail Infrastructure Ltd v S Williams & R Waistell

4th July 2018

The Court of Appeal has confirmed that damages are recoverable in nuisance for the encroachment of Japanese Knotweed on the neighbouring land.  Nicola Atkins acted as a junior counsel (led by Stephen Tromans QC) for the Second Respondent homeowner in an appeal brought by Network Rail.

You...

Read more