In the joined cases of Martin v Lancashire County Council and Bernadone v Pall Mall Services Group [2000] IRLR 487, why did the Court of Appeal find that (in the context of a personal injury claim raised by a transferred employee relating to their pre-transfer employment with the transferor), the transferor's right to an indemnity under its employers’ liability insurance policy transferred by TUPE to the transferee, and not liability for insurance premiums?

Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, reg 4(2), on completion of a relevant transfer:

1. •

   all the transferor’s rights, powers, duties and liabilities under or in connection with the contracts of employment of transferring employees transfer to the transferee

2. •

   any act or omission before the transfer is completed, of or in relation to the transferor in respect of transferring employees or their contracts of employment, is deemed to have been an act or omission of or in relation to the transferee

See generally Practice Note: TUPE—transfer of rights and liabilities.

In Bernadone v Pall Mall Services Group; Martin v Lancashire