Cassley & Ors v GMP Securities Europe LLP

Cassley & Ors v GMP Securities Europe LLP

The application for permission to appeal was refused because the trial judge's findings—that GMP's breach of duty did not cause Mr Cassley's death, as GMP could not have known about the change of carrier and reasonable enquiries would not have led to a different outcome—were fully supported by the evidence, carefully reasoned, and not susceptible to challenge on appeal. The flight was found to be routine and low risk, the accident was caused by pilot error, and there was no causal link between any breach by GMP and the accident.

Parties
Claimant/applicant: Hong Cassley; Claimant/applicant: Mona Cassley; Claimant/applicant: Hector Cassley; Defendant/respondent: GMP Securities Europe LLP
Jurisdiction
England and Wales
Judgment Date
08 July 2016
Procedural Posture
Civil Appeal / Application for Permission to Appeal (post Trial Judgment)
Outcome
Permission to appeal refused
Legal Topics
Employer's Duty of Care, Non Delegable Duties, Causation, Risk Assessment, Liability for Employee Safety During Travel
Employment Law Tort Law Health and Safety Employer's Duty of Care Non Delegable Duties Causation Risk Assessment Liability for Employee Safety During Travel

Case Brief

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Parties

Hong Cassley

Claimant/applicant

Mona Cassley

Claimant/applicant

Hector Cassley

Claimant/applicant

GMP Securities Europe LLP

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (post Trial Judgment)

Legal Issues

  1. 1 Nature and scope of employer's duty of care for employee safety during work-related travel
  2. 2 Whether GMP breached its duty of care to Mr Cassley
  3. 3 Whether any breach by GMP caused Mr Cassley's death

Ratio Decidendi

The application for permission to appeal was refused because the trial judge's findings—that GMP's breach of duty did not cause Mr Cassley's death, as GMP could not have known about the change of carrier and reasonable enquiries would not have led to a different outcome—were fully supported by the evidence, carefully reasoned, and not susceptible to challenge on appeal. The flight was found to be routine and low risk, the accident was caused by pilot error, and there was no causal link between any breach by GMP and the accident.

Court Disposition

Permission to appeal refused