PIBULJ
Chandler v Cape Case Comment - Emily Wilsdon, Pupil Barrister, Temple Garden Chambers & Reema Patel, GDL student and Bedingfield Scholar, Gray’s Inn
18/06/12. The issue in David Brian Chandler v Cape plc [2012] EWCA Civ 525 was whether a parent company (Cape) could owe a direct duty of care to protect an employee of its wholly owned subsidiary company (Cape Products) against asbestos risks. Cape appealed a decision by Wyn Williams J [2011] EWHC 951 (QB) that it owed a duty of care to Mr. Chandler on the basis that it had assumed responsibility for his health and safety at Cape Products.
The Court of Appeal, in a judgment by Arden LJ, found that it could. In so finding, the Court said that the ‘corporate veil’ remained intact. Liability was not determined by the fact of a parent-subsidiary relationship, or on the basis of an assumption of responsibility as found below, but on the application of the test in Caparo Industries plc v Dickman [1990] 2 AC 605.
Mr. Chandler, an employee of Cape Products, contracted asbestosis . He worked at an...
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The decision of the Court of Appeal in Harrison v Jagged Globe: at last, some good news for tour operators? - Sarah Prager, 1 Chancery Lane
14/06/12. The Court of Appeal has recently given judgment in the case of Harrison v Jagged Globe, unreported, 29th May 2012. The long-awaited decision clarifies the circumstances in which tour operators will be liable for the actions of their overseas suppliers – and will come as welcome news for an industry in need of it.
The decision at first instance
The facts in Harrison v Jagged Globe Limited, unreported, 14th April 2011 were highly unusual, not least as a result of the involvement of a world-famous explorer. The parties agreed the following:
• In 2004 Sir Ranulph Fiennes contacted the Defendant to request that it assist him with an assault on Everest;
• The Defendant, a tour operator specialising in mountaineering expeditions, agreed to do so, and it was arranged that Sir Ranulph would undertake a two week intermediate training course in the Alps in the Summer of 2004, and thereafter an expedition to assist with acclimatisation and assessment of his reaction to altitude;
• The latter expedition was to be a...
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Emotional Effects of Whiplash and Their Impact on Physical Recovery - Dr Kathryn Newns
12/06/12. Research indicates that psychological distress plays an important role in the persistence of physical injuries following road traffic accidents (RTAs) (Atherton et al. 2006., Carroll et al., 2006). In some cases, the psychological symptomatology experienced following an RTA can last for many years, adversely impacting on physical recovery and the resumption of normal every day activities (Mayou et al. 1997).
Atherton et al. (2006) discovered that the greatest predictors of persistent neck pain following a motor vehicle collision related to psychological distress and aspects of pre-collision health rather than to various attributes of the collision itself. Carroll et al (2006) found that in individuals with depressive symptomatology, those who coped more...
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High Court relies on ex turpi causa to reject unusual RTA claim - Anna Macey, Pupil Barrister, 12 King’s Bench Walk
11/06/12. In the unusual case of Joyce v O’Brien and Tradex [2012] EWHC 1324 (QB) the High Court rejected a claimant’s claim for compensation following a road traffic accident by relying on the maxim ex turpi causa non oritur actio (a cause of action cannot be founded on an illegal act).
Facts
The defendant, the claimant’s uncle, was driving a transit van with the claimant standing on the rear of the van, possibly its bumper, whilst holding onto otherwise unsecured ladders which protruded out the back, holding onto the van with his one remaining hand. The defendant was probably driving below the speed limit of 30 mph, although the speed was still...
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June 2012 - Industry News
The Law Society has attacked motor insurers for failing to pass on savings of "well over" 500m from the RTA portal. Solicitors Journal
Night shifts raise risk of breast cancer, says Danish research
There are calls for Britain to follow Denmark in compensating women who have worked night shifts for long periods. Guardian
Neglect partly led to baby Noah Tyler's death - coroner
A gross failure to provide basic medical attention to a mother in childbirth at Cardiff's University Hospital of Wales was a factor in her baby's death, a coroner has said. BBC
'No one in charge' when Chiefton tugboat sunk
A tugboat crewman drowned in the River Thames in a towing operation where no one had been nominated to be in charge, according to a report. BBC
Newquay lift fall man Stephen Dinsdale seeks compensation
A man is seeking compensation from a Cornwall hotel for a knee injury he says he suffered when a lift fell 100ft (30m). BBC
Eight PI brands dominate web searches
With the likes of National Accident Helpline and Irwin Mitchell leading the way. Legal Futures
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
