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09 June 2011 / Keith Patten
Issue: 7469 / Categories: Features , Personal injury
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Target practice

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 insurance (such insurance did not become compulsory until 1969,

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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