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14 June 2012 / Rehana Azib
Issue: 7518 / Categories: Features , Personal injury
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Health & wealth

Rehana Azib examines recent decisions on liability & quantum

There have been two interesting decisions in the area of employer’s liability and health and safety, both for and against employers.

Employers liability

David Brian Chandler v Cape plc In David Brian Chandler v Cape plc [2012] EWCA Civ 525, [2012] All ER (D) 123 (Apr), an asbestos exposure case, the Court of Appeal outlined the circumstances in which it could impose responsibility on a parent company for the health and safety of employees of a subsidiary company which was no longer in existence.

In this case, the subsidiary company was in the business of manufacturing incombustible asbestos and while in its employment, the claimant was exposed to asbestos dust and later contracted asbestosis, some 45 years after his employment with the company had ended. Unfortunately, the company had had no policy of insurance that would indemnify it against claims for asbestosis (the claimant’s employment pre-dated the Employers’ Liability Compulsory Insurance Act 1969). The claimant issued proceedings against the parent company

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Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
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Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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