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Articles for issue 189 - 01 May 2006
…and attacks claims management companies
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01 May 2006
APIL’s incoming president Richard Langton has attacked claims management companies and said that some of them are “just parasites.” Mr Langton said: “We are going to see claims management companies regulated at long last, but..
Incoming APIL president attacks ABI proposals…
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01 May 2006
Insurers are dragging the legal system back to the “bad old days of hired guns”, according to APIL’s incoming president Richard Langton. He said that shareholders are the centre of insurers’ universe, and that insurers..
Conservative amendments to NHS Redress Bill
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01 May 2006
The Conservative Party has issued a briefing note on the NHS Redress Bill, which sets out its amendments to the bill. According to John Baron MP, the original Bill “would have had the NHSLA carrying..
Law firm team tackles bogus compensation claims
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01 May 2006
A new team to tackle insurance fraudsters making bogus compensation claims has been set up by Manchester solicitors Beachcroft Wansbroughs. Partner Mike Suddards is heading a team of five lawyers investigating suspicious claims on behalf..
APIL responds to Part 36 consultation
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01 May 2006
The Association of Personal Injury Lawyers (APIL) has responded to the consultation by stating that it is “very concerned about the recent Court of Appeal judgments which allow NHS Trusts and other defendants to avoid..
FOIL responds to Part 36 consultation
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01 May 2006
The Forum of Insurance Lawyers (FOIL) has responded to the Consultation Paper from the Department For Constitutional Affairs on “Part 36 of the Civil Procedure Rules: Offers to settle and payments into court.”
FOIL agreed that..
Irwin Mitchell and Alexander Harris to merge
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01 May 2006
Law firms Irwin Mitchell and Alexander Harris are to merge. The newly created firm, which will retain the name Irwin Mitchell, will have over 1860 staff. Irwin Mitchell currently offers national legal support via its..
ISO’s eight-point strategy for claims management
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01 May 2006
Insurance Services Office (ISO) Limited has announced that it has identified an eight-point strategy “where technology now exists for the effective management of claims through improved visibility of the claims process, establishing Best Practices and..
AIRMIC surveys members on contract certainty
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01 May 2006
The commercial insurance market has seen a big increase in the number of transactions achieving contract certainty, but there is still some way to go before it meets the 85% target set by the Market..
ACE launches liability covers aimed at fund managers
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01 May 2006
ACE European Group is launching an enhanced range of covers as part of its Elite Investment Management Insurance product (EIMI). This is in response to increased exposure to litigation and a growing demand for the..
UK D&O market stable says Marsh
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01 May 2006
Stability in the UK Directors’ and Officers’ insurance (D&O) market in 2005 is continuing into 2006, with premium reductions, improved cover and less restrictive coverage terms still commonplace, according to Marsh.
Clair Collins, UK Practice Leader,..
Policy for hedge fund industry from Chubb
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01 May 2006
Chubb Insurance Company of Europe has launched what it claims is the UK’s first insurance policy aimed specifically at the hedge fund industry. Chubb’s hedge fund policy has been designed to provide specific professional indemnity..
Swedish work-related disorders survey
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01 May 2006
One in four employed persons in Sweden has suffered from a work-related disorder in 2005, according to the latest Swedish work-related disorders survey. In 2005, 25 % of all employed persons in Sweden were concerned..
French survey into health in the workplace
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01 May 2006
A recent study of working conditions in France identified particular problems with regard to health in the workplace, and revealed that work is held responsible for 20% of all health problems.
The report, by the Direction..
Sick building syndrome may be work-related stress
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01 May 2006
A study published in “Occupational and Environmental Medicine” journal suggests that sick building syndrome may be more to do with job stress that the environment. The study of civil servants concluded that symptoms such as..
Construction managers suffer from occupational stress
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01 May 2006
A survey of almost 1,000 construction managers and other professionals by the Chartered Institute of Building found that 68% had suffered from stress, anxiety or depression. Of those, only 27% had sought medical advice, and..
RNID and TUC warning over noise in the workplace
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01 May 2006
RNID, the national charity representing deaf and hard of hearing people, and the TUC have warned employers and employees to take hearing damage more seriously now that the new Control of Noise at Work Regulations..
Amendment to Management of Health and Safety at Work Regulations
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01 May 2006
The Health and Safety Commission (HSC) has announced an amendment to the Management of Health and Safety at Work Regulations 1999. The amendment changes the civil liability provisions in the Regulations so as to exclude..
Patient Safety survey in US
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01 May 2006
The third annual HealthGrades Patient Safety in American Hospitals assessment has revealed that among Medicare patients in hospitals, 1.24mn patient safety incidents, or medical errors, occurred between 2002 and 2004, up from 1.18mn in between..
Study on US business view of liability system
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01 May 2006
West Virginia, Louisiana, Illinois, California, and Texas were among the worst states for legal fairness, while Mississippi is improving after enacting legal reforms, according to a new ranking of the best and worst state legal..
Management liability risks of US private companies
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01 May 2006
The 2005 Chubb Private Company Risk Survey has revealed that many private companies are planning activities that may increase their exposure to management liability risks.
According to the survey, 67% of private companies are likely to..
vCJD study into blood transfusion risk
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01 May 2006
A study has suggested that everyone could be susceptible to vCJD infection via blood transfusions, although how it affects them could be determined by their genes. All cases of vCJD in humans have been in..
HSE warning over asbestos in schools
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01 May 2006
The Health and Safety Executive (HSE) has updated information on managing asbestos in schools. The potential exposure of teachers and pupils to asbestos remains low but HSE said it is re-issuing the guidance to remind..
Study into mobile phone base stations
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01 May 2006
Symptoms such as headache, fatigue, and difficulty in concentration were more common in people with higher potential exposures to radiation from nearby mobile phone base stations. This is according to a study by scientists from..
Group calls for moratorium on nanotech lab research
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01 May 2006
The Action Group on Erosion, Technology and Concentration (ETC Group), a Canadian-based civil society organization monitoring nanotechnology, has renewed its 2003 call for a global moratorium on nanotech lab research and a recall of consumer..
R&SA launches rehabilitation and claims initiative
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01 May 2006
Royal & SunAlliance (R&SA) has launched R&SA Care, an initiative to improve and speed up the bodily injury claims process for people injured either in motor accidents or accidents in the workplace.
According to R&SA, the..
Rehabilitation leads to earlier settlement says Highway
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01 May 2006
A trial undertaken by UK motor insurer Highway has shown that case management led rehabilitation can lead to earlier settlement negotiations and increased accuracy on reserving by helping claimants return to pre-accident employment or to..
Minor injury rehabilitation pilot launched
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01 May 2006
Health & Case Management Limited (HCML) and Link Insurance have formed a partnership on a rehabilitation solution aimed at individuals who have sustained a minor musculoskeletal injury.
According to the partners, results from the programme have..
Flight socks can reduce symptomless DVT
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01 May 2006
A study has found that wearing compression stockings (also known as flight socks) resulted in “a very large reduction in symptomless DVT (deep vein thrombosis) among airline passengers who were allocated to wear compression stockings..
Merck under fire over osteoporosis drug
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01 May 2006
The Times has reported that Merck is said to be facing legal action over another of its drugs, Fosamax, which is marketed as a treatment for osteoporosis. The paper said that class action lawyers were..
Age discrimination legislation guidance from Acas
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01 May 2006
Employment relations organisation Acas has launched new guidance to help employers and individuals understand how imminent age discrimination legislation will affect them.
Acas chair Rita Donaghy said: “A lot of organisations are under the impression that..
UK Personal Injury Litigation 2005 report
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01 May 2006
The number of accident claims increased in 2004/5 but has not returned to pre-2003 levels, according to a new report from Datamonitor. The report, “UK Personal Injury Litigation 2005,” reveals that the number of disease..
Nature of knowledge required for Limitation Act
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01 May 2006
Claimants failed to discharge the burden of proving that they did not have the requisite knowledge of material facts at the relevant date for limitation purposes. The claim arose as a result of a business..
Documents and a safe system of work
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01 May 2006
A variety of documents and practices may be sufficient to satisfy an employer’s duty to provide employees with a safe system of work. A woman was employed as assistant head teacher at a special school..
Fixed six-year limitation period upheld
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01 May 2006
Claims arising out of intentional sexual assaults were subject to a fixed six-year limitation period from the date of the assaults, or from the claimants’ majority, if later. The Human Rights Act 1998, which did..
Cover under a composite PI policy
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01 May 2006
The corporation that managed the organisation of a number of member firms was entitled to cover under a composite professional indemnity policy even though the policy had been avoided against the member firm against which..
Insurer looking to exclude liability
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01 May 2006
To establish that a liability was an excluded liability under section 151(4) of the Road Traffic Act 1988 an insurer had to prove that if an injured passenger did not know that a vehicle had..
Employer can be liable for suicide
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01 May 2006
Serious injury from an accident caused by an employer’s negligence that resulted in an employee suffering posttraumatic stress disorder, leading to severe depression and his eventual suicide, entitled his widow to claim against the employer.
The..
$4.5mn compensation award in Vioxx case
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01 May 2006
The fourth Vioxx case to be heard in the US has resulted in a split decision. The jury concluded that Vioxx was the cause of plaintiff’s heart attack and ordered the company to pay $4.5mn..
£2mn in compensation for bladder injury
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01 May 2006
A woman has won nearly £2mn in compensation after she sued an NHS Trust over an injury she suffered following the birth of her son. She suffered an injury to her bladder which she claimed..
Police racially discriminated against applicant
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01 May 2006
A police force has paid £65,000 in compensation to a Pakistani man who claimed he was racially discriminated against. The award included £25,000 for injury to feelings, £4,000 aggravated damages and £5,000 exemplary damages.
The man..
£2.5mn compensation after car accident
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01 May 2006
A man has been awarded £2.5mn in compensation following a car accident. He sustained a severe spinal cord injury which has left him paralysed and confined to a wheelchair. The man now has his own..
Firm failed to update protection after accident
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01 May 2006
A glasscutter has been awarded £5,500 in compensation after an accident at work. His claim for compensation was backed throughout by the GMB Southern Region and its lawyers Thompsons.
The judge at Canterbury County Court found..
Waitress wins sex discrimination case
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01 May 2006
A waitress has won £124,000 in compensation for sex discrimination and unfair dismissal at an employment tribunal. She worked at an exclusive members’ club in Mayfair and was subjected to sexual harassment and bullying by..
Drug trial victims get interim payments
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01 May 2006
The four victims of the Northwick Park drug trials represented by Leigh Day & Co have received interim payments to help tide them over the coming difficult months.
Two weeks ago at a meeting with lawyers..
£1.5mn for brain damaged child
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01 May 2006
A health authority has paid £1.5mn in agreed damages to a girl born with severe brain damage. The girl was born with severe cerebral palsy and also has epilepsy, and will now require 24-hour care..
Ski holiday woman wins compensation
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01 May 2006
A woman has won £15,000 against a holiday company after she seriously injured her left knee whilst skiing. The 51-year-old went on a week long package holiday which included adult ski school lessons. She had..
Asthma attack woman wins dismissal case
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01 May 2006
A woman who worked at a bar has been awarded £5,940 after she claimed for disability discrimination and unfair dismissal. The woman had an asthma attack at work and was taken off the staff rota..
Award for fork lift truck accident
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01 May 2006
A man has been awarded £4,750 by his employers in an out of court settlement after suffering deep cuts through trapping his head in a freak forklift truck accident. He lacerated his ears after slipping..
Trust pays £3mn to cerebral palsy victim
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01 May 2006
A boy who suffers from severe cerebral palsy has received £3mn in damages. The boy, now six, suffered brain damage caused by a lack of oxygen during his birth. The NHS Trust admitted liability and..
Wigan Warriors coach wins disability case
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01 May 2006
The coach of Wigan Warriors, Mike Gregory, has settled out of court in an employment tribunal against his former employers where he had been head coach since 2003. The club has agreed to pay £17,500..
£775,000 compensation for car victim
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01 May 2006
A 13 year old boy who was hit by a car has received £775,000 compensation. The boy suffered major head injuries and ended up in a temporary coma. The case was settled by the driver’s..
Soldier wins sexual discrimination case
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01 May 2006
A female soldier has been awarded £12,000 in compensation for sexual discrimination by the Army. The woman did not win all of her allegations at an employment tribunal – 12 of the 43 allegations were..
Compensation for sight loss teacher
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01 May 2006
A secondary school teacher who faced discrimination at work from a council because of her sight loss has received £196,000 in compensation. In July 2004, the Court of Appeal ruled that the teacher, with over..
£1.26mn paid out to prison inmates in last two years
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01 May 2006
A report in the Daily Telegraph has revealed that almost 500 inmates in a sample of 10 prisons made claims over the past two years, with those who were successful winning a total of £1.26mn...
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