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.