Caparo Industries plc v Dickman [1990] UKHL 2 – Page 3 – Law Journals

Case Report: Wembride Claimants v Winter [2013] EWHC 2331

Breach of statutory duty; emergency service; employer’s liability ‘Although the fire services’ defence was atypically ambitious, Irwin J’s analysis of the duties of emergency service employers is of considerable interest.’ These claims arose out of a mass explosion that occurred at a fireworks factory at Marlie Farm in East Sussex on 3 December 2006. Geoffrey …

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Tendering: Train of (Virgin) thought

Peter Jansen reviews the remedies arising from errors in tender assessments EU Directive 2004/18/EC requires authorities in awarding contracts to ‘treat economic operators equally and non-discriminatorily and shall act in a transparent way’. This is enacted in English law by reg 4(1) of The Public Contracts Regulations 2006.The recent threat of judicial review on the …

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Conduct: Call of Duty II

David Robinson reviews a recent case on an accountant’s duties of care to third-party investors in an existing client In Arrowhead Capital Finance Ltd (in Liquidation) v KPMG LLP [2012], the High Court has provided clarification on an accountant’s duty of care to investors in one of its clients that will be welcomed by both …

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Asbestos: Bad parenting

Anna Macey reports on a parent company that has been held liable to an employee of a subsidiary for negligent asbestos exposure The claimant, Mr Chandler, worked for Cape Products (Cape) for 18 months over two brief periods between 1959 and 1962. While working there he was exposed to significant amounts of asbestos dust and …

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Case Report: Chandler v Cape plc [2011] EWHC 951 (QB)

Liability of parent company; duty of care; asbestosis ‘The court had “little doubt that the defendant exercised control over some of the activities of CBP from the time that it came into existence and through the period during which the Claimant was one of its employees”.’ To what extent can a parent company be responsible …

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Negligent Misstatement: Careless talk costs trials

Employers need to be cautious when discussing ex-employees, even outside formal references, warns Naomi Greenwood ‘The facts in McKie v Swindon College [2011] were not covered by any existing authority and the judge therefore needed to consider whether the legal principles contained in the line of authorities could be extended to a different factual situation …

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Knife Crime: Nightclub violence and beyond?

Tim Petts looks at how far Everett v Comojo (UK) Ltd [2011] can take us ‘The case establishes a general duty on nightclubs to protect guests from reasonably foreseeable harm caused by other guests.’ The basic facts of this personal injury claim are sadly not uncommon, and those with experience in criminal practice (or who …

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