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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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