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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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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