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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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