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Target practice

09 June 2011 / Keith Patten
Issue: 7469 / Categories: Features , Personal injury
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Keith Patten investigates the possibility of seeking PI damages from a parent company

First instance decisions of trial judges do not normally call for much in the way of comment, for the obvious reason that they establish no precedent. Every now and then, however, such a case comes along which is important, not as a matter of precedent but as illustration of a significant point. Such a case is the recent decision of Wyn Williams J in Chandler v Cape plc [2011] EWHC 951 (QB), [2011] All ER (D) 157 (Apr). It reminds us that what is often referred to as the law of employers’ liability is, in reality, a part of the wider law of negligence.

The issue

The issue in Chandler is one which will be familiar to practitioners dealing with long tail disease claims. Chandler had been exposed to asbestos while employed by a company called Cape Building Products Limited (the employer company). His employment spanned a period from 1959–1962 and during that period the employer company had no employer’s liability

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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