Connelly v RTZ Corp plc

He developed cancer, squamous-cell carcinoma of the larynx, from uranium ore dust and sued RTZ, alleging that it played a role in setting its subsidiary’s health and safety procedures, and therefore owed him a duty of care.

House of Lords found the matter could not be heard in Namibia, given the complexity and cost of the case, so London was the appropriate forum.

For example, the consultant who advises the employer upon the safety of his work processes may owe a duty to the individual employee who he can foresee may be affected by the contents of that advice – see, for example, Clay v Crump & Sons Ltd [1964] 1 QB 533.

On a fair reading of his pleading, it seems to me that that is more or less what the amended Statement of Claim alleges – namely, that the first Defendant had taken into its own hands the responsibility for devising an appropriate policy for health and safety to be operated at the Rossing mine, and that either the first Defendant or one or other of its English subsidiaries implemented that policy and supervised the precautions necessary to ensure as so far as was reasonably possible, the health and safety of the Rossing employees through the RTZ supervisors.

Such an allegation, if true, seems to me to impose a duty of care on those Defendants who undertook those responsibilities, whatever contribution Rossing itself may have made towards the safety procedures at the mine.