The English Electric Company Ltd v Alstom UK [2017] EWHC 1748 (QB) (10 July 2017)

The English Electric Company Ltd v Alstom UK [2017] EWHC 1748 (QB) (10 July 2017)

On the balance of probabilities, AEI was the employer of Mr Critchley, as supported by documentary evidence, admissions, and the structure and accounts of the companies. Even if AEIM was nominally the employer, it acted only as agent for AEI. Therefore, AEI was liable to Mr Critchley, and Alstom is liable to...

Source-derived case information.

Citation
[2017] EWHC 1748
Parties
Claimant: The English Electric Company Limited; Defendant: Alstom UK
Jurisdiction
England and Wales
Judgment Date
10 July 2017
Procedural Posture
Commercial Indemnity Claim / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Indemnity, Corporate Restructuring, Employer Liability, Agency
Commercial Law Employment Law Indemnity Corporate Restructuring Employer Liability Agency

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Parties

The English Electric Company Limited

Claimant

Alstom UK

Defendant

Procedural Posture

Commercial Indemnity Claim / Judgment After Trial

Legal Issues

  1. 1 Whether AEI was the employer of Mr Critchley for the purposes of liability and indemnity
  2. 2 Whether Alstom is liable to indemnify EE under the Alstom Indemnity

Ratio Decidendi

On the balance of probabilities, AEI was the employer of Mr Critchley, as supported by documentary evidence, admissions, and the structure and accounts of the companies. Even if AEIM was nominally the employer, it acted only as agent for AEI. Therefore, AEI was liable to Mr Critchley, and Alstom is liable to indemnify EE under the Alstom Indemnity.

Court Disposition

Claim allowed

Orders

  • Alstom is liable to indemnify EE under the Alstom Indemnity for the amount paid by EE to AEI in respect of Mr Critchley's claim.