MARTIN v LANCASHIRE COUNTY COUNCIL BERNADONE v PALL MALL SERVICES GROUP HARINGEY HEALTHCARE NHS TRUST INDEPENDENT INSURANCE LTD

[2000] Lloyd's Rep IR 665

COURT OF APPEAL

Before Lord Justice Peter Gibson, Lord Justice Henry and Lord Justice Clarke

Insurance (Employers’ liability) - Employee’s employment transferred - Employee having accrued claim in tort against transferor - Whether tort claim to be brought against transferor employer or transferee employer - Whether transferor’s liability insurance transferred to meet claim against transferee - Transfer of Undertakings (Protection of Employment) Regulations 1981 - Acquired Rights Directive, Council Directive 77/187/EEC - Employers’ Liability (Compulsory Insurance) Act 1969.