i-law

Liability Risk and Insurance

Soft US market continues into 2011, Marsh says
Soft commercial insurance market conditions persisted throughout the US in 2010 and are poised to continue into 2011, according to a report published by Marsh. “Despite a challenging economic environment in many industries, commercial..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Airline insurance market claims outweigh premiums in 2010
Preliminary data suggests the airline insurance market endured more claims than lead premium once again in 2010, raising the prospect of far more challenging conditions as negotiations begin for 2011/12 airline insurance programmes, according to the..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Rims Benchmark Survey on D&O premiums
Average renewal premiums for US commercial lines property & casualty insurance were largely unchanged during the fourth quarter of 2010, according to the Risk and Insurance Management Society (Rims) Benchmark Survey, carried out by Advisen...
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Third-party litigation funding: ‘The New,New Thing’
By Tom Custance and Molly Ahmed, dispute resolution department, Fox Williams LLP
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Award of £4,500 for chest strain
A warehouse operative has received £4,500 in compensation after his employer admitted blame for an accident that left him unable to carry out everyday tasks. He was forced to take almost four months off work when he was injured while packing..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Lobby group survey on Jackson review
A survey commissioned by lobbying group Access to Justice Action Group (AJAG) has revealed 77% of potential personal injury claimants would not consider making a claim even if there was a only a small chance they would have to pay defendants’..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Lord Justice Jackson’s response to government paper
Lord Justice Jackson has written to the Lord Chancellor with his response to the Ministry of Justice’s consultation paper on civil litigation funding and costs. He said in his letter there were two key points. First, if the government accepts..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
The end of recoverability of success fees?
The European Court of Human Rights (ECHR) has ruled the uplift element of the UK’s no-win no-fee costs system violated a newspaper’s right to freedom of expression under the European Convention for the protection of human rights. Lawyers..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
No assumption of liability for pure economic loss
The builder/vendor of a building did not by reason of his contract to construct or to complete the building assume any liability in the tort of negligence in relation to defects in the building giving rise to purely economic loss. The Court of..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Occupational Safety and Health Consultants Register launches
Health and safety consultants are being invited to sign up to a new independent register that is intended to become a new benchmark for standards in the profession. The Occupational Safety and Health Consultants Register (OSHCR) is being set up in..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
$1.26m award over sexual harassment lawsuit
The US Equal Employment Opportunity Commission (EEOC) has won a sexual harassment lawsuit after a jury in federal district court returned a $1,260,080 verdict. The verdict settled the EEOC’s suit against a grocery store in New York State that..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
D&O underwriter joins Beazley from Axis
Anthony Komro, a directors’ and officers’ (D&O) underwriter, has joined Beazley in Chicago. He will help build upon Beazley’s established presence in the Midwest, primarily underwriting public company D&O business. Komro..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Settlement of £6.4mn for quadriplegic child
A couple have been awarded a settlement of £6.4m in compensation after their son was born with learning difficulties and quadriplegia. A student nurse was left in charge of the birth procedure and failed to recognise a heart rate deficiency in..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Prison disturbances, public order and the Riot (Damages) Act 1886
By Philip Tansley, Reynolds Porter Chamberlain
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
£300,000 settlement for crushed hand
A factory worker whose hand was dragged into a machine and crushed has received £300,000 in compensation. He was left permanently disabled after the accident. He was attempting to fix a machine when his sleeve was caught in its workings,..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Ace warning about environmental liabilities for contractors
Contractors and consultants in the US are more vulnerable now than ever before to environmental liabilities, from job site pollution incidents to hidden dangers of site selection, which can cost hundreds of thousands in fines and legal fee,..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Disabled volunteer not protected by Disability Discrimination Act
A disabled volunteer worker at an advice bureau was not protected from acts of discrimination on grounds of disability under the Disability Discrimination Act 1995, nor could she rely on the direct effect of Council Directive 2000/78/ EEC..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
APIL president to leave in summer
Denise Kitchener, chief executive of the Association of Personal Injury Lawyers (APIL), is to leave the organisation in the summer. She was the first member of staff appointed by APIL’s founder members and now leads a team of 28 people based..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
£115,000 settlement for arm injury
A printers’ assistant who was left unemployed after a workplace accident has received £115,000 in compensation. He was trying to lift a stack of six metal cages when they got caught, leaving him with tennis elbow. He was diagnosed with..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Ace appoints international casualty manager for UK & Ireland
Ace has announced the appointment of Paul Christmas as international casualty manager for UK & Ireland, replacing Adam Mason who has assumed a new role within the Ace overseas general casualty management team. Phil Sharpe, director of casualty..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Nearly £8m for cerebral palsy victim
A girl left with severe brain damage following serious medical errors during her birth has received damages equivalent to almost £8m over her lifetime. Staff failed to carry out an emergency caesarean section on her mother despite their plan to..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
TUC warning about changes to employment tribunal system
The Trades Union Congress (TUC) has warned any major changes to the employment tribunal system could stop employees who have been wronged at work seeking justice and give the green light to rogue employers to break the law. In recent weeks, employer..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
£150,000 in compensation for ex-Army chef
An army chef who suffered a non-freezing cold injury that caused numbness, tissue damage, long-term pain and permanent intolerance to the cold, has received £150,000 in compensation from the Ministry of Defence (MoD). He had to work in..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Union wins over £27mn personal injury compensation in 2010
Unison has won £27,398,985-worth of compensation for personal injuries in 2010 including assaults, car crashes, back injuries and slips at work. The public sector union handled 3,893 personal injury cases last year. Unison’s general..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Securities Class Action Filings – 2010 Year in Review
Federal securities fraud class action activity increased in the second half of 2010, but the number of filings for the full year remained low, according to “Securities Class Action Filings – 2010 Year in Review”, a semi-annual..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
£1.8m for brain-damaged baby
A premature baby who suffered brain damage has been awarded a compensation package comprising a lump sum of £1.8m with periodical payments of £70,000 a year until she reaches 18.5 years of age and then £90,000 a year for the rest of..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
£40m litigation fund closes
Litigation funding adviser Calunius Capital has announced the closing of the Calunius Litigation Risk Fund LP, a £40m Guernsey-based private fund that will invest in the costs of large-scale commercial litigation and arbitration. The company..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
£7.2m in compensation for brain damage
A man who sustained a serious head injury has been awarded £7.2m in compensation. He suffered severe brain damage when he was struck by a falling gantry at a boatyard as he attempted to store a boat. He had to undergo extensive surgery on the..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Tribunals Service figures on claims
The Tribunals Service has released figures for the second quarter of 2010/11 (July 1, 2010 to September 30, 2010). The service received 220,400 new claims in the second quarter of 2010/11, an increase of 11% compared with the same quarter of the..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Thompsons calls for rehabilitation to be at centre of justice review
Law firm Thompsons is calling on government ministers to put rehabilitation for injury victims at the heart of its review of civil justice. To back up its call, Thompsons carried out a survey of its clients who have received rehabilitation in the..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
US Tort Cost Trends report from Towers Watson
A decline in both real and nominal GDP, a rising level of unemployment and decreasing tort activity as a result of a lower level of economic activity helped drive tort costs down by 2.7%, or $6.8bn, in the US in 2009, according to the 2010 Update on..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Government review into resolving workplace disputes
The government has announced the next steps in its comprehensive review of employment laws. New plans to improve the way in which workplace disputes are resolved have been published alongside an Employer’s Charter – the measures are..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Sexual abuse victims win compensation 30 years later
Three brothers who were abused by a trainee priest more than 30 years ago have received substantial compensation. The brothers were sexually abused by Bernard Traynor, a trainee priest working in the Hexham and Newcastle Diocese. The boys were in..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
XL Insurance appoints professional lines CUO
XL Insurance has appointed Cristiana Báez-Safa chief underwriting officer for professional lines for its commercial risk business outside North America. She is based in Paris and reports to William Wharton, chief underwriting officer for..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Former Countryfile presenter wins age discrimination case
Miriam O’Reilly, the former Countryfile presenter, has won her landmark claim against the BBC for age discrimination. The tribunal upheld her claim the BBC’s decision to drop her in favour of younger presenters was age discrimination...
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
£1.7m care package for ex-paratrooper
A paratrooper who lost his leg in a landmine explosion is to receive a £1.7m care package. He brought a negligence claim against the Ministry of Defence relating to an incident that occurred in Afghanistan, in which he stepped on a mine while..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Gay couple win hotel discrimination claim
A gay couple have won their discrimination claim against the owners of a hotel in a landmark judgment in the Bristol County Court in a case funded and led by the Equality and Human Rights Commission (EHRC). The judge’s ruling is one of the..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
£300,000 in compensation for drug trial death
The family of man who died following his involvement in a drug trial have received around £300,000 in compensation. The family brought a claim over allegations the man was given twice the prescribed amount of bleomycin on seven different..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Cost of overweight and obesity in North America
According to a new study released by the US Society of Actuaries, the total economic cost of overweight and obesity in the US and Canada is $300bn per year, with 90% of the total (around $270bn) attributed to the US. While much research has been..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
£50,000 in compensation for medical errors
A man who underwent a number of procedures as a result of a kidney stone that was missed after a scan has received £50,000 in compensation. Two stones were seen in his ureter on a CT scan and he underwent a procedure to removethem. During the..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Fetal Anti-Convulsant Litigation discontinued
The Fetal Anti-Convulsant Litigation has been discontinued at a hearing at the Royal Courts of Justice. The case against the manufacturers of Epilim had to be discontinued because continuing without legal aid funding would place the claimants at too..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
BCC highlights costs of employment tribunal system
The British Chambers of Commerce (BCC) has released figures highlighting the costs for business in the existing employment tribunal system. With the number of employment tribunals increasing - last year saw the highest number of claims ever –..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Securities lawsuits report from Advisen
The number of securities lawsuits filed in 2010 edged above the record number of suits filed in 2009, according to the latest quarterly review of securities litigation by Advisen. The number of new suits related to the recent credit crisis fell..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
Guidance consultation on nanomaterial applications in food
The European Food Safety Authority (EFSA) has launched a public consultation on its draft guidance document for engineered nanomaterial applications in food and feed. The public consultation document is entitled “Guidance on risk assessment..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
UK product recalls jump 12% to record high
UK product recalls have jumped 12% from 205 in 2009 to a record 229 in 2010, according to Reynolds Porter Chamberlain LLP (RPC). When comprehensive product recall figures were first collated by RPC in 2003 there were only 143 product recalls in the..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011
£14,000 in compensation for RTA victim
A three-year-old boy who was struck by a car while using a pedestrian crossing has received £14,000 in compensation from the Motor Insurers Bureau. The money will be used to help fund cosmetic surgery that may be necessary to correct his..
Online Published Date:  24 February 2011
Appeared in issue:  246 - 24 February 2011

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