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, AEI's admission, and the structure of the corporate reorganisation. 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 (QB)
Parties
Claimant: The English Electric Company Limited; Defendant: Alstom UK
Jurisdiction
England and Wales
Judgment Date
10 July 2017
Procedural Posture
Commercial Indemnity Claim / High Court Trial Judgment
Outcome
Claim allowed
Legal Topics
Indemnity Clauses, Employer Liability, Corporate Restructuring, Agency, Mesothelioma Claims
Commercial Law Employment Law Contract Law Indemnity Clauses Employer Liability Corporate Restructuring Agency Mesothelioma Claims

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Summary, issues, holding and outcome

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Parties

The English Electric Company Limited

Claimant

Alstom UK

Defendant

Procedural Posture

Commercial Indemnity Claim / High Court Trial Judgment

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
  3. 3 Whether AEIM was acting as agent for AEI if it was the employer

Ratio Decidendi

On the balance of probabilities, AEI was the employer of Mr Critchley, as supported by documentary evidence, AEI's admission, and the structure of the corporate reorganisation. 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 to Mr Critchley and associated costs.