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Claiming against Parent Company Sets an Example in the History of Compensation Claims

June 9, 2012 by  Filed under News


Compensation ClaimsThe emergence of the recognized legal service providing agencies and the no win no fee solicitors have indeed come to the rescue of millions of different kinds of accident victims. People, in numerous cases, have preferred to stay back from going into the process of claiming compensation in fear of getting involved in a legal undertaking. The following incident is an example of this.

The 71 years old, David Chandler, living in Australia, was detected with the disease of asbestosis around 50 years back. It was found that he was inflicted by this disease during the period he was working for a company by the name of Uxbridge Flint Brick Company, which is now known as the Cape Building Products Ltd. However, this exposure for around 3 years from 1959 to 1962 made him contract the disease in 2007.

Long after the disease had already affected Mr. Chandler, he realized the real source of the problem and accordingly, claimed a compensation of £120,000 against the said company. The case, which can be better considered an industrial disease claim, was thoroughly prepared and it made the judges assert that the opponent was at fault on the standard law concept of assumption of responsibility. This is because, the present company could not supposedly be held responsible for what its subsidiaries has actually been responsible for. The company, which is no longer doing business, quite obviously went against the decision. However, their appeal was ruled out and in fact, the claim was considered as an example that could be set before others.

The solicitors and the judges involved in the proceedings declared that the case was an example of an employee established at trial liability to him on part of the parent company of the employer. With this case, the right to claim compensation saw an altogether new direction. The judgment was regarded as being historic as it had been the first time that a claim against the parent company for the wrongdoings of its subsidiaries emerged successful.

Henceforth, more such cases of Asbestosis will be lodged and with the trustworthy assistance of the no win no fee solicitors, the victims of unfortunate incidents will get their due justice.

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