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Health & wealth

14 June 2012 / Rehana Azib
Issue: 7518 / Categories: Features , Personal injury
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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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Gilson Gray—Linda Pope

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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