High Court Rules In Favour Of Doomed Claimant

The High Court recently found in favour of a Claimant who was facing the prospect of receiving no damages at all, despite contracting Asbestosis after exposure to Asbestos dust at work.

 In the case of Chandler v Cape plc, the High Court considered the liability of parent companies in personal injury actions.  The Claimant was diagnosed with Asbestosis after being exposed to Asbestos dust blown into his factory from a neighbouring one during his employment in the late 50’s and early 60’s.

Normally an injured party would bring a personal injury claim against his employer for breaching their health and safety duties, but in this case the Claimant’s employer had gone out of business and there was no insurance policy in place to cover the contraction of Asbestosis.  As a result, the Claimant was unable to secure damages for the personal injuries he suffered and the effects of the same on his family.

However, the Claimant was employed by the subsidiary of a “parent company”, which acted as a main holding company for all of its subsidiary companies.  There was evidence that the parent company had some input in to the subsidiaries’ health and safety policies and that it had actual knowledge of the Claimant’s working conditions.  The Court held that the parent company should have foreseen the risk of injury as the dangers of exposure to Asbestos were well known by the 1950’s, and awarded the Claimant £120,000 in compensation.

This case highlights why it is always worth seeking legal advice from a specialist Personal Injury Solicitor.  The Solicitors handling this Asbestos claim not only persuaded the High Court that the case should continue, despite the three year “limitation period” having expired, but they also managed to secure £120,000 in compensation for a client who was facing the prospect of receiving no personal injury compensation at all.

If you or a member of your family has suffered an injury at work, whether it was an accident or an industrial disease caused by carrying out certain types of work over a period of time, call Personal Injury Solicitor David Mayor now for free legal advice on  0800 975 2463.

David Mayor

About David Mayor

David is Head of the Preston Office's Civil Litigation team and deals with all types of private Civil Court disputes. David’s blogs cover his expertise in all aspects of personal injury law from low value Road Traffic Accidents right through to complex large loss claims. David also writes and has a vast array of experience in Public Liability (trips and slips), Employer's Liability (accidents at work), and Motor Claims (motor vehicle accidents, pedestrian accidents).
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