Cassley & Ors v GMP Securities Europe LLP & Ors

Cassley & Ors v GMP Securities Europe LLP & Ors

Both GMP and Sundance owed duties of care to Mr Cassley in relation to the arrangements for the charter flight. GMP breached its duty by failing to make any enquiries or risk assessment, but causation was not established because any reasonable enquiries would have led to satisfactory answers about Jetfly (the original carrier), and GMP was never informed of the late switch to Aero-Service. Even if further enquiries had been made about Aero-Service, the available audits and information would not have led a reasonable party to prohibit the flight. Sundance did not breach its duty, as it made reasonable enquiries and had positive prior experience with Aero-Service. The accident was caused by...

Parties
Claimant: Hong Cassley; Claimant: Mona Cassley; Claimant: Hector Cassley; 1st Defendant: GMP Securities Europe LLP; 2nd Defendant: Sundance Resources Limited
Jurisdiction
England and Wales
Judgment Date
31 March 2015
Procedural Posture
Civil / Judgment on Liability (including Causation) After Trial
Outcome
Claims against both defendants dismissed.
Legal Topics
Employer's Duty of Care, Vicarious Liability, Assumption of Responsibility, Negligence, Risk Assessment, Personal Injury, Aviation Accidents
Tort Employment Law Employer's Duty of Care Vicarious Liability Assumption of Responsibility Negligence Risk Assessment Personal Injury +1 more

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Parties

Hong Cassley

Claimant

Mona Cassley

Claimant

Hector Cassley

Claimant

GMP Securities Europe LLP

1st Defendant

Sundance Resources Limited

2nd Defendant

Procedural Posture

Civil / Judgment on Liability (including Causation) After Trial

Legal Issues

  1. 1 Did GMP Securities Europe LLP breach its duty of care to Mr Cassley in relation to his travel for work?
  2. 2 Did Sundance Resources Limited owe and/or breach a duty of care to Mr Cassley in arranging the charter flight?
  3. 3 Was any breach of duty by either defendant causative of Mr Cassley's death?

Ratio Decidendi

Both GMP and Sundance owed duties of care to Mr Cassley in relation to the arrangements for the charter flight. GMP breached its duty by failing to make any enquiries or risk assessment, but causation was not established because any reasonable enquiries would have led to satisfactory answers about Jetfly (the original carrier), and GMP was never informed of the late switch to Aero-Service. Even if further enquiries had been made about Aero-Service, the available audits and information would not have led a reasonable party to prohibit the flight. Sundance did not breach its duty, as it made reasonable enquiries and had positive prior experience with Aero-Service. The accident was caused by...

Court Disposition

Claims against both defendants dismissed.