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£30,000 in damages for slip at work
A man has received £30,000 in damages following a slip on a step at an industrial lubricant manufacturer. The floor had not been treated with anti-slip covering despite the nature of the factory’s work. He hit his left knee as he fell,..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
More than £125,000 compensation for head injury
An elderly pedestrian who suffered a traumatic head and leg injury when she was knocked down by a car has recovered more than £125,000 in compensation in an out of court settlement. The woman, who was in her late 80s at the time, had been..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
£53,500 in settlement for asbestosis
The family of a man who died from asbestosis as a result of work he did more than 50 years ago has received £53,500 in an out of court settlement. He worked as a maintenance worker and boiler operator for a power station in Kent. The pipes at..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
£627,000 in out of court settlement for RTA
A man whose Army career was effectively ended when the car he was a passenger in collided with a tree, has received £627,000 in an out of court settlement. He was a passenger in the back seat of a car that span out of control while rounding a..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
£6.2 million in compensation for brain damage
A man who sustained brain damage after being given an overdose of medication has received around £6.2 million in compensation. The man, who is now dependent on others and cannot use his arms or legs properly, was prescribed the wrong regime of..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
£7,500 settlement for thumb injury
A railway worker who ended up losing part of his thumb after it became infected by sewerage when he was provided with the unsuitable safety gloves has received £7,500 compensation in an out of court settlement. A split on the seam of a pair of..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
£1 million+ for cyclist paralysed in RTA
A female cyclist has received compensation in excess of £1 million after being involved in a road traffic accident. She will need round the clock care after she was left paralysed from a crash with an 89-year-old motorist. An out-of-court..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
No age discrimination over redundancy and pension benefits
The Court of Appeal has ruled that an NHS chief executive was not discriminated against on the grounds of his age when he was made redundant shortly before he became entitled to enhanced pension benefits. The Court of Appeal said health service..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Man paralysed in Mumbai terror attacks sues hotel chain
A British man who was paralysed during the Mumbai terror attacks in November 2008, has begun legal action against the luxury international hotel chain. He claims the chain did little to provide security for residents of the hotel attacked by Islamic..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
More than £5,000 for hospice in mesothelioma settlement
A hospice which cared for a former tug boat worker mesothelioma during his final days has received more than £5,000 as part of a compensation claim by his family against his former employers. He was exposed to asbestos working as a lighterman..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
£1.2 million in compensation for leg amputation
A woman who had her left leg amputated above the knee as a result of negligent medical treatment has received £1.2 million in compensation. She attended a walk-in clinic suffering from the symptoms of a sepsis syndrome. She was discharged from..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
£300,000 in damages for road accident
A terminally ill man who was seriously injured in the head-on collision which killed his wife, has received £300,000 in damages in an out of court settlement. The man, who has a pre-existing serious genetic disorder, was returning home from a..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Supreme Court judgment in EL policy trigger litigation
The Supreme Court has given its judgment in the Employer’s Liability Policy “Trigger” Litigation, overturning the Court of Appeal’s majority decision regarding the meaning of a “sustained” policy wording in EL..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
£170,000 settlement for broken ankle
A man who broke his ankle and leg when a ladder he was standing on crashed through the floor has received £170,000 in compensation in an out of court settlement. He was standing on a stepladder about a metre off the ground when one of the legs..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Over £2 million compensation for brain injury at work
A grounds-man working at a Wiltshire motor racing circuit, has been awarded over £2 million in compensation, after suffering a serious accident at work. He was travelling around the circuit on the back of a flat-bed truck, collecting..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
£7,000 in damages for broken ankle
A factory worker who broke his ankle after falling down a 6ft wide hole has received £7,000 in compensation after the firm admitted liability for the accident. The mill operator had to take two months off work after falling down the hole which..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Regional data on injuries revealed
The rates of people killed and admitted to hospital due to injury differs dramatically from one local authority to another, according to the findings from the Injury Profiles, a new online data tool launched by the South West Public Health..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Legal Aid, Sentencing and Punishment of Offenders Bill – Lords Amendments
By The Law Society
During the Report Stage and Third Reading of the Legal Aid, Sentencing and Punishment of Offenders Bill in the House of Lords, the Government was defeated on an unprecedented 11 significant amendments, said the Law Society...
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Government call for evidence on current dismissal process
Proposals to examine the current dismissal process have been announced by the Government with the publication of a Call for Evidence. Ministers are to seek the views of employers and employees, and gather evidence from interested parties, on whether..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Oxford Insurance Brokers in professional indemnity deal
Oxford Insurance Brokers Limited (OIB) has announced a partnership with Collegiate Underwriting to launch a new two year professional indemnity insurance deal.
With the Retail Distribution Review approaching fast and the fallout from claims into..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Summit tackles high injury rate in forestry industry
Safety champions and forestry industry leaders have met to tackle the high rate of fatal and major injuries in the industry. The two day summit, at Forestry Commission Scotland’s headquarters in Edinburgh, was chaired by the Health and Safety..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Aon’s Airline Insurance Market Outlook 2012
Lead hull and liability premium in the airline insurance market fell by 3% in 2011 compared with 2010, with the market softening as the year progressed, according to Aon’s Airline Insurance Market Outlook 2012. Total lead hull and liability..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
£13,000 in compensation for hand burn
A coffee shop worker whose hand was badly burnt in a hot fish fryer after she was given a broken cleaning tool has received more than £13,000 in compensation. She was injured when, unknown to her, the scraper provided to clean a ledge on the..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Unfair dismissal qualifying period increased to two years
A significant change to how unfair dismissal claims are handled has come into force - the qualifying period of service required for an employee to present a claim for unfair dismissal has been extended from one to two years.
The move is part of the..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
EL Trigger Litigation – Supreme Court judgment provides clarity for insurers, companies, local authorities with asbestos exposures and mesothelioma claimants
By Natasha Gunney, Senior Associate, and
Christian Wells, Partner, Hogan Lovells
Introduction
On 28 March 2012, the Supreme Court handed down judgment in relation to nine appeals arising out of six related employers’ liability (EL) cases..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
£37,000 in compensation for chemical fumes exposure
A railway worker who was exposed to chemical fumes at work and went onto to develop Chronic Fatigue Syndrome (CFS) has received £37,000 in compensation. He was exposed to unknown fumes escaping from a faulty electrical box whilst working at a..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
£20,000 in compensation for ankle injury
A retained fire fighter who needed surgery on his ankle after he was injured trying to close antiquated heavy doors at his fire station has received £20,000 in compensation. He was attempting to close the huge 12ft high by 16ft wide front doors..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
2011 NHS Staff Survey reveals injuries and abuse
The 2011 NHS Staff Survey has revealed that 15% of all staff report that they experienced bullying, harassment and abuse from patients, their relatives or other members of the public in the previous 12 months. This figure is unchanged from 2010...
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
US study to determine nuclear power plant cancer link
A proposed study in the US could help determine if there is a link between living near nuclear power plants or other nuclear facilities and having a higher risk of cancer, but challenges and limitations exist, according to a new report from the US..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Government plans to remove or improve H&S legislation
The Government has announced its plans to remove or improve health and safety legislation. The 2012 Budget statement from HM Treasury included a commitment to “scrap or improve 84% of health and safety regulation.” The budget statement..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
£1 million damages for spinal injury at work
A joiner is set to receive more than £1 million in work accident compensation after he was left partially paralysed following a construction site accident. He has been left with no function in his fingers and legs after he was hit by an 8ft..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
£38,000 settlement for stepladder fall
A grandmother who has been left with permanent debilitating pain after she fell off a stepladder at work has received £38,000 in an out of court settlement. She was working part-time as a shop assistant when the incident occurred over two years..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Reasonable practicability and PUWER
Reasonable practicability was, at least in part, relevant to the assessment of both limbs of the duty on an employer, under regulation 12(1) of the Provision and Use of Work Equipment Regulations 1998, to take measures to ensure that the exposure of..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
US House passes limits on medical liability bill
American Tort Reform Association president Tiger Joyce has welcomed the House passage of H.R. 5, which places limits on medical liability. “As rising health care costs and an aging population continue to be among the biggest public policy..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Free businesses from UK compensation culture, says ABI
The Association of British Insurers (ABI) has called for action to free businesses from the fear of the UK’s compensation culture and overzealous interpretations of health and safety rules that could hold back Britain’s economic..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
European agencies report on food-borne outbreaks
The European Food Safety Authority (EFSA) and the European Centre for Disease Prevention and Control (ECDC) have published their annual report on zoonoses and food-borne outbreaks in the European Union for 2010. The report shows that Salmonella..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Hiscox charts rise of US healthcare “super losses”
The overall cost and frequency of so-called $50 million+ “super losses” in the US healthcare insurance sector are on the rise, according to specialist healthcare insurer Hiscox. Despite the clear benefits of the implementation of quality..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Lyons Davidson to host conference on whiplash
A three day conference hosted by Lyons Davidson is set to evaluate, discuss and propose solutions to tackle the whiplash phenomenon. The conference is in response to the Government’s strategy to tackle the “whiplash and compensation..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Critics attack Government’s micro firm dismissal plans
Government plans to enable micro firms to dismiss employees without good reason risks creating a perverse barrier to economic growth by discouraging small businesses from hiring more workers, according to the Chartered Institute of Personnel and..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
£8,400 in compensation for slip at work
A bakery worker who was injured after he slipped in the workplace has received £8,400 in compensation. He was left with tissue damage to his wrist, shoulder and neck after he slipped on ice which had built up on the floor of a walk-in freezer..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Calls for Government to explain H&S regulation plans
Lawyers and health and safety organisations have called for the Government to explain in more detail its proposals to “scrap or improve 84% of health and safety regulation”, as announced in the recent budget.
The Institution of Safety..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Kennedys defends work place stress claim
Kennedys has successfully defended a claim for work place stress in the High Court. The claim (for £1.25 million, including a loss of lifetime earnings) was brought by the HR manager of a large American finance company, who alleged that she had..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Acas urges employers to make more use of mediation
More employers should consider using mediation at work to help resolve disputes and avoid potentially costly and stressful employment tribunal claims, according to workplace relations expert Acas. An Acas study carried out in 2011 found that just..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
UCATT survey into women in construction
A survey by UCATT into the problems faced by women in construction, has found that just over half (51%) of the women surveyed believed that they were treated unfairly at work because of their gender.
The top three problems which all scored in excess..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
£6 million in compensation for brain damage
A mental health patient who was left brain damaged after being prescribed the wrong medication regime, has been awarded just over £6million in medical negligence compensation. Mistakes made in administering his medication led to him becoming..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
£1 million damages for brain damage at birth
A six year old girl who suffered brain damage due to delays during her birth has been awarded £1 million in medical negligence compensation after the trust admitted liability. Errors made at the time of her birth meant that her mother’s..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
One in five construction sites fail safety checks
Nearly one in five construction sites failed safety checks during a national initiative to improve construction site safety, a slight improvement on previous years, according to the Health and Safety Executive (HSE).
Inspectors from the HSE visited..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Sections 11 and 14 of the Limitation Act 1980
Reasonable belief that a claimant’s injury was attributable to an act or omission of the defendant was sufficient to satisfy the requirement of knowledge in sections 11 and 14 of the Limitation Act 1980 for the purpose of determining whether..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
£18,000 in compensation for RTA cyclist
A cyclist who was involved in an accident after he was hit by a car has received £18,000 in compensation. A car suddenly cut across his path and slammed on his brakes in an attempt to avoid a collision but was thrown over his handle bars and..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
DAC Beachcroft appoints CEO of Claims Solutions Group
International law firm DAC Beachcroft has appointed a new Chief Executive Officer to lead its Claims Solutions Group (CSG). Bill Paton will join DAC Beachcroft from Zurich Financial Services, where he held the role of European Claims Director. He..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Study into cycling accidents highlights threat of lorries
New research looking at serious injuries suffered by cyclists in crashes with different vehicles has found that lorries pose the biggest threat to cyclists on Britain’s roads.
In the first study of its kind, experts from Queen Mary, University..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
House of Lords in LASPO amendments
The House of Lords voted to include a number of amendments to the Legal Aid, Sentencing and Punishment of Offenders Bill (see “Features”). One of these was proposed by Lord Alton of Liverpool (Crossbench) who suggested a new clause in..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
UK employers unprepared for ageing workforce
There is little evidence of UK employers taking proactive steps to engage and retain older workers according to new research conducted by Cranfield School of Management and Nottingham Business School for Acas, the employment relations expert.
The..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011
Precision Claims backs use of medical experts in fraud claims
Claims specialist Precision Claims has backed a new government proposal which is likely to see medical experts used to identify fraudulent claims. Medical experts could be drafted in to identify fraudulent whiplash claims, under new Government..
Online Published Date:
17 April 2012
Appeared in issue:
260 - 17 April 2011