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Chandler V Cape Plc
''Chandler v Cape plc'' [2012EWCA Civ 525is a decision of the Court of Appeal which addresses the availability of damages for a tort victim from a parent company, in circumstances where the victim suffered industrial injury during employment by a subsidiary company. Facts David Chandler had been employed by a wholly owned subsidiary company of Cape plc for just over 18 months, between 1959 and 1962. In 2007, Chandler discovered that as a result of exposure to asbestos during that period of employment, he had developed asbestosis. The subsidiary no longer existed and had no policy of insurance covering claims for damages for asbestosis. Chandler brought a claim against Cape plc, alleging it had owed (and breached) a duty of care to him. Cape plc denied that it owed a duty of care to the employees of its subsidiary company. Judgment High Court At first instance, Wyn Williams J held that Cape plc owed Mr Chandler a duty of care, applying the threefold test (foreseeability, proximit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Customs And Excise Commissioners V Barclays Bank
''Her Majesty's Commissioners of Customs and Excise v Barclays Bank Plc'' 006UKHL 28is a leading English tort law case concerning negligent misstatement and pure economic loss. Facts HM Customs and Excise, Customs and Excise needed to freeze the bank account of a Barclays customer. By law, banks are required to comply with requests for freezing orders and are paid for the service. When it received the request, the bank replied that it would abide. But due to "operator error", the customer proceeded to empty all of the money from the account. Customs and Excise sued Barclays for the amount that was lost along with the interest. Barclays argued it had no duty of care, nor had it assumed responsibility. Judgment Court of Appeal Peter Gibson LJ, Longmore LJ, Lindsay LJ held that there was no duty and proposed that ''Hedley Byrne'' type assumption of responsibility should be subsumed into the threefold test from '' Caparo Industries plc v Dickman''. House of Lords The House of Lords ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Tort Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Company Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corporate Veil In The United Kingdom
The corporate veil in the United Kingdom is a metaphorical reference used in UK company law for the concept that the rights and duties of a corporation are, as a general principle, the responsibility of that company alone. Just as a natural person cannot be held legally accountable for the conduct or obligations of another person, unless they have expressly or implicitly assumed responsibility, guaranteed or indemnified the other person, as a general principle shareholders, directors and employees cannot be bound by the rights and duties of a corporation. This concept has traditionally been likened to a "veil" of separation between the legal entity of a corporation and the real people who invest their money and labor into a company's operations. The corporate veil in the UK is, however, capable of being "lifted", so that the people who run the company are treated as being liable for its debts, or can benefit from its rights, in a very limited number of circumstances defined by the c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Piercing The Corporate Veil
Piercing the corporate veil or lifting the corporate veil is a legal decision to treat the rights or duties of a corporation as the rights or liabilities of its shareholders. Usually a corporation is treated as a separate legal person, which is solely responsible for the debts it incurs and the sole beneficiary of the credit it is owed. Common law countries usually uphold this principle of separate personhood, but in exceptional situations may "pierce" or "lift" the corporate veil. A simple example would be where a businessman has left his job as a director and has signed a contract to not compete with the company he has just left for a period of time. If he sets up a company which competed with his former company, technically it would be the company and not the person competing. But it is likely a court would say that the new company was just a "sham" or a "cover"; and that as the new company is completely owned and controlled by one person that the former employee is deliberately ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ngcobo V Thor Chemicals Holdings Ltd
Ngcobo (formerly Engcobo) is a town in the Eastern Cape province of South Africa. Ngcobo is the main town of the Engcobo Local Municipality, which falls within the Chris Hani District Municipality of the Eastern Cape. It is situated in the western part of the former bantustan of Transkei. Ngcobo is along R61 surrounded by the towns of Cofimvaba, Dutywa, Mthatha, Elliot and Cala. The villages in Ngcobo include Gqaga, Nkwenkwana, Bhokileni, Tshaphile, Mnyolo, Mhlophekazi, Yawa, Sandile, Nkondlo, Clarkebury, Gqobonco, Manzana, Mkhanzi, Qitsi, Mqonci, All Saints, Mjanyana, Deberha, Mbhekeni, Quthubeni, Cefane, Ntibaneni, Nxamagela, Ngxogi, Zabasa, Sinqumeni, Gqaqhala, Sundwane, Gubenxe, Luhewini, Kalinyanga, Sixholosini, Thorha, Goboti and Ntibaneni. Mbashe River separates Ngcobo from Mthatha. History On 1 November 1859, a day known in the Christian calendar as All Saints' Day, Chief Fubu of the amaQwathi met with Archdeacon Waters and the Rev John Gordon of the Society for the Prop ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Connelly V Rio Tino Zinc Corporation
is a conflicts of laws case, important for UK company law and English tort law, concerning the claim of a worker in Namibia attempting to sue an employer headquartered in the United Kingdom for breach of the duty of care to ensure proper health and safety in the workplace. Facts Mr Connelly mined uranium in Namibia for RTZ’s wholly owned subsidiary, Rossing Uranium Ltd. He developed cancer, squamous-cell carcinoma of the larynx, from uranium ore dust and sued RTZ, alleging that it played a role in setting its subsidiary’s health and safety procedures, and therefore owed him a duty of care. RTZ argued Mr Connelly should sue the subsidiary only and was limited to an action in Namibia. This case was determined in the House of Lords in favour of Mr Connelly. Following his win in the House of Lords, Mr Connelly pursued RTZ in the English High Court. This time, RTZ contended that it owed no duty of care at all, and in addition the action was time barred under the Limitation Act 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clay V AJ Crump Ltd
Clay is a type of fine-grained natural soil material containing clay minerals (hydrous aluminium phyllosilicates, e.g. kaolin, Al2 Si2 O5( OH)4). Clays develop plasticity when wet, due to a molecular film of water surrounding the clay particles, but become hard, brittle and non–plastic upon drying or firing. Most pure clay minerals are white or light-coloured, but natural clays show a variety of colours from impurities, such as a reddish or brownish colour from small amounts of iron oxide. Clay is the oldest known ceramic material. Prehistoric humans discovered the useful properties of clay and used it for making pottery. Some of the earliest pottery shards have been dated to around 14,000 BC, and clay tablets were the first known writing medium. Clay is used in many modern industrial processes, such as paper making, cement production, and chemical filtering. Between one-half and two-thirds of the world's population live or work in buildings made with clay, often bake ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gray V Fire Alarm Fabrication Services Ltd
Grey (more common in British English) or gray (more common in American English) is an intermediate color between black and white. It is a neutral or achromatic color, meaning literally that it is "without color", because it can be composed of black and white. It is the color of a cloud-covered sky, of ash and of lead. The first recorded use of ''grey'' as a color name in the English language was in 700 CE.Maerz and Paul ''A Dictionary of Color'' New York:1930 McGraw-Hill Page 196 ''Grey'' is the dominant spelling in European and Commonwealth English, while ''gray'' has been the preferred spelling in American English; both spellings are valid in both varieties of English. In Europe and North America, surveys show that grey is the color most commonly associated with neutrality, conformity, boredom, uncertainty, old age, indifference, and modesty. Only one percent of respondents chose it as their favorite color. Etymology ''Grey'' comes from the Middle English or , ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dorset Yacht Co Ltd V Home Office
is a leading case in English tort law. It is a House of Lords decision on negligence and marked the start of a rapid expansion in the scope of negligence in the United Kingdom by widening the circumstances in which a court was likely to find a duty of care. The case also addressed the liability of government bodies, a person's liability for the acts of third parties that he has facilitated, and liability for omissions. Facts On 21 September 1962, ten borstal trainees were working on Brownsea Island in Poole Harbour under the control of three officers employed by the Home Office. Seven trainees escaped one night, at the time the officers had retired to bed leaving the trainees to their own devices. The seven trainees who escaped boarded a yacht and collided with another yacht, the property of the respondents, and damaged it. The owners of the yacht sued the Home Office in negligence for damages. A preliminary issue was ordered to be tried on whether the officers or the Home Off ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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