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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
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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