- Practice Areas
- Publication Type
- Resources
- Practice Areas
- Publication Type
- Resources
- Home/Publications/Liability Risk and Insurance
Theatre worker pleural thickening damages
A head of stage staff who worked for a theatre company for almost 40 years has received compensation after he was diagnosed with pleural thickening. Liability was admitted and the claim was settled for a final payment of £18,000. He was..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Damages for fall down stairs
A former harbour master who had to take early retirement after falling on the stairs at his place of work has been awarded £6,000 compensation for his injuries. He had complained several times to his employers about the state of the stairs...
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
US tort costs on the increase increase
Tort costs in the US increased in 2007, and costs are expected to rise considerably each year through to 2010. This is according to the 2008 Update on US Tort Cost Trends published by Towers Perrin, which revealed that tort costs rose by 2.1% in..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
60,000 compensation for Hand Arm Vibration Syndrome
A man who was forced to give up his skilled trade as a panel beater because of a serious industrial injury has won £60,000 compensation. He has Hand Arm Vibration Syndrome (HAVS). He had prolonged exposure to vibrating tools while working as..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
£10,000 damages for pleural thickening
A man who worked with asbestos for five months has received £10,000 in compensation after he was diagnosed with pleural thickening. He was exposed to asbestos while working on a demolition contract in the 1950s. He had taken the job for just a..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Occupational deafness award
A man who was exposed to dangerous levels of noise in the workplace for over three decades has received £4,000 in damages after suffering occupational deafness. He now uses a hearing aid as a result of the condition, caused by excessive..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
£12,000 compensation for fall
A labourer has been awarded £12,000 compensation for injuries sustained during a fall. He was forced to take a year off work after tearing cartilage in his knee. He had tripped over a piece of timber that had not been cleared away while..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Widow awarded £335,000 compensation
The widow of a worker who was crushed to death in a workplace accident has won £335,000 in compensation. The man worked for a company that manufactured perforated paper, which is used to make teabags. He was working in the enclosure of a paper..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
£262,000 damages for Carpal Tunnel Syndrome
A council road worker who developed Hand-Arm Vibration Syndrome (HAVS) and Carpal Tunnel Syndrome has been awarded £262,000 in compensation after being forced to leave his job. He used a variety of vibrating tools including wacker plates, saws..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Dangerous fumes caused illness
Two women have received compensation after being negligently exposed to dangerous fumes in the workplace. They suffered from sinus headaches and felt ill for over a year before discovering fumes in soldering flux were causing their symptoms. They..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
£362,830 damages for crushed leg
A man working as an agricultural contractor has been awarded £362,830 after his leg was crushed and later amputated in an accident with a fork lift truck on a farm. He was walking through the workshop on the farm’s premises when a 2.5..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
£500,000 in damages for lost arm
A man who lost his arm in a road accident has been awarded compensation. He was injured when the car in which he was a passenger crashed into a wall. His arm was severed in the accident and surgeons were unable to save it. He had been about to..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Torn ligaments compensation
A man has received £17,000 compensation after he tore his ankle ligaments in a workplace accident. He was forced to go on long term sick leave as a result of the injury caused when he fell into a gap between two machines. The platform on the..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Widow wins £114,000 mesothelioma damages
The widow of a man who died from mesothelioma has been awarded £114,000. He worked as a process worker and then as an electricians mate at a sugar processing plant. He was frequently exposed to asbestos as part of his job as an..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Disability discrimination award
A catering assistant has won her claim of disability discrimination, unlawful deduction from wages and holiday pay. She was dismissed without notice by a letter delivered to her house by taxi late one evening. She is registered disabled and suffers..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
£125,000 mesothelioma award
The long term partner of a shipwright has been awarded £125,000 following his death from mesothelioma. He was directly exposed to asbestos in his day to day work in the 20 years he spent refitting submarines and warships. His work involved..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
£211,573 award for mesothelioma death
The widow of a man who worked as a weaver has been awarded £211,573 following his death from mesothelioma. He was exposed to asbestos dust when he worked as a weaver at a woollen mill. Although he never directly handled asbestos the roof and..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
£50,000 for fall at work
A man who worked as a sawyer has been awarded £50,000 following a fall at work in which he fractured his leg. As part of his job he was required to manually rotate a heavy bar barrow. The bar barrow had a coupling point on one side only, but..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Crushed hand damages
A man who worked as a machine operator has been awarded £76,500 after his hand was crushed in a roller press. He subsequently developed depression and anxiety disorder as a result of the prolonged pain he experienced after sustaining the..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Mesothelioma award of £110,000
A man who was exposed to asbestos from the age of 15 as an apprentice heating and ventilation engineer has been awarded £110,000 after developing mesothelioma. His day to day work involved handling asbestos lagging on heating equipment. Whilst..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Footballer forced to give up game
A semi professional footballer has been forced to retire from the game after he was injured in a workplace accident. He fell after a faulty stair gave way and he was left with a serious sprained knee and ankle. The stair had not been properly..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
£35,000 damages for back pain
A man who worked as a bank cashier has been awarded £35,000 for the back pain developed in the course of her work. She had worked with the bank for six years at a telephone banking centre and then moved to a branch to become a cashier. It was..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Ladder fall fractures leg
A man working as a labourer has been awarded £35,000 when he fractured his leg in a fall from a ladder. He was in the process of cleaning and painting a machine and had placed an extendable ladder against the machine and was three metres from..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Compensation for back injuries
A man who worked as a production welder has been awarded £40,000 for the injuries he sustained at work. The man, assisted by a colleague, was transferring a steel side member on his right shoulder when he tripped on a cable twisting his upper..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Burns at work sees damages
A man working at a printing company has been awarded £15,550 when he sustained burns as he carried out maintenance tasks on the ink tanks at the printing works. He was injured as he cleaned two filters in a black ink tank. He subsequently..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Severe whiplash injuries award
A woman working at high street bank who was knocked over by a car as she walked home from work has been awarded £19,000 for the injuries she sustained in the accident. She was crossing a well lit road and had reached the traffic island in the..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Airline toilet injuries compensated
A holidaymaker has received £6,500 in compensation from an airline after she was injured in a toilet cubicle. She received 14 stitches in the back of her head after a metal cabinet fell off the wall. She needed internal and external stitching..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
UCATT concerned over pleural plaques decision delay
Construction union UCATT has expressed concern at the delay of the Ministry of Justice to announce their plans about what they intend to do on pleural plaques. In October 2007 the Law Lords ruled that pleural plaques should no longer be..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Effect of global economic crisis on P&I Clubs
A new report, The Willis Protection & Indemnity Market Review 2008/09, has said that the most significant factor in the run up to marine Protection & Indemnity (P&I) renewals this February is the impact the global economic crisis has..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Annual “Judicial Hellholes” report released
The American Tort Reform Foundation (ATRF) has issued its annual “Judicial Hellholes” report, naming some of the US’s “most unfair civil court jurisdictions.” The list includes perennial “Hellholes” West..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Fall in offshore injury accidents
The number of offshore injury accidents has reduced by 6.3% compared with 2006/07, and the overall injury rate per 100,000 employees has decreased by 6.2%, reflecting the maintained levels of activity offshore last year and the reduced numbers of..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Hardening market in airline sector
The long threatened harder market in the airline sector is now more in evidence, though not, perhaps, to the level expected, according to Aon. The broker said that the industry appears to be divided into three segments. For the largest carriers, if..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Dame Black Review response “disappointing”
The Chartered Society of Physiotherapy (CSP) has welcomed the Government’s response to Dame Carol Black’s review of the health of Britain’s working population, “Improving Health and Work: Changing Lives” but said that..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Government to investigate causes of construction deaths
The Department for Work and Pensions (DWP) has announced an inquiry into the underlying causes of construction fatalities. James Purnell, Secretary of State at the DWP, who has appointed Rita Donaghy as independent chair to the inquiry,..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Workplace stress in Scotland not being tackled
UNISON Scotland has published a report showing that the problem of workplace stress is not being tackled effectively in many workplaces. UNISON Scotland is calling for improved monitoring of stress at work, so that better anti-stress policies can..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Tackling stress in higher education report
The University and College Union (UCU) has released a report ‘Tackling stress in higher education’ which said that the levels of stress in higher education are considerably worse than recommendations from the Health and Safety Executive..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Increasing claims against accountants and auditor firms
Marsh has warned that deteriorating economic conditions and a subsequent rise in company insolvencies will increase the number of claims against accountants and auditor firms, and the soft professional indemnity insurance (PI) market could harden..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Discrimination inquiries into financial services and construction
The Equality and Human Rights Commission has announced two formal inquiries into the financial services and construction sectors. The Commission said it has evidence suggesting that a high proportion of women working in some areas of financial..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Willis helps non-executives with liability exposure
Willis Limited is to work with the UK-based Non-Executive Directors Association (NEDA) to develop products and services aimed at mitigating liability exposure for its members. NEDA was established in 2007 to represent non-executive directors and..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Professional negligence legal appointments
Berrymans Lace Mawer (BLM) has announced the appointment of Sarah Elderton to its professional negligence practice in Manchester. She joined the firm as a partner from Robin Simon. She specialises in professional negligence litigation, and acts for..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Council wins appeal over discrimination ruling
Islington council has won its appeal against a ruling that it discriminated against a Christian registrar who refused to conduct civil partnerships. The registrar had said that she could not carry out same-sex ceremonies “as a matter of..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
FSA in sea change in attitude to non-execs
Reynolds Porter Chamberlain (RPC) has warned that the FSA announcement that it is to take a more aggressive stance towards non-executive directors could mark a significant sea change in the attitude of the regulator towards non-executives.
Steven..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
UNISON warns hospitals over needles
Public sector union UNISON is calling on hospitals to use safer needles to protect their staff, following the case of a care assistant who was stuck in the leg by a needle. She was stuck with the needle while putting rubbish in a bin. A plastic bag..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Council sues chief executive for mis-statement
A former council chief executive is reportedly being sued for more than £750,000 by the council. She is being sued for ‘negligent mis-statement’ according to a report in the Daily Telegraph. It is believed to be the first case of..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Aon lists top claims hotspots
Aon has warned that UK companies will face new insurance claim burdens in 2009 with fraud on the increase and spiralling legal fees, while new environmental threats, terrorism and product recalls will also shape the insurance claims landscape...
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Car seat whiplash tests results
European safety organisation Euro NCAP has released the results for car seats put through the organisation’s first ever round of rear impact testing. Euro NCAP carried out whiplash tests on the front seats of 25 passenger cars crash-tested by..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Court of Appeal clarifies law on homophobic abuse
The Court of Appeal has determined that protection should be extended to victims of homophobic abuse at work - even when the perpetrators are aware that the victim is not gay, but the abuse is motivated by homophobia and associated stereotypes. The..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Collective actions’ recommendations published
The Civil Justice Council (CJC) has published its final recommendations aimed at improving access to justice for consumers and small business bringing collective claims for compensation.
The paper, entitled “Improving Access through..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Green Paper suggest opt-out collective redress mechanism may be suitable for European consumers
By John Meltzer, Partner, Lovells
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Greater scrutiny of vibration claims’ records
Employers should scrutinise compensation claims for vibration exposure more closely following a court case which suggested that a claimant had significantly exaggerated the facts, according to Law firm Dolmans. In the case of Andrews v Caerphilly..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
They think it’s all over…it is now.
It’s been going for over three years, but finally it looks as though the long-standing, historic, and infamous case is finally over. Yes, the DC Court of Appeals has rejected the appeal of plaintiff Roy Pearson Jr. (a DC administrative law..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Hand Arm Vibration Syndrome damages
A man has received compensation after his hands were left permanently damaged by vibrating tools he used while working for a car manufacturer. He was diagnosed with Hand Arm Vibration Syndrome (HAVS) following years of exposure to hand held air..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Conditional Fee Agreement Regulations
The purpose of regulation 4(2)(e)(ii) of the Conditional Fee Agreement Regulations 2000 was to ensure that a solicitor acted and gave advice independently of his own interest. To determine whether, for the purposes of that regulation, a solicitor..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Defence of reasonable practicability
When criminal proceedings were brought against an employer under sections 2 and 3 of the Health and Safety at Work Act 1974 it was sufficient for the prosecution to prove merely a risk of injury arising from a state of affairs at work, and it was..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Freak or inexplicable accident defence fails
Although a school caretaker’s action for personal injuries against the employer council for leaving uneven paving slabs in the school site should be brought under regulation 12(1)(2) of the Workplace (Health, Safety and Welfare) Regulations..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
£10,000 damages for slipped disc
A mechanical fitter who suffered a slipped disc whilst attempting to lift a half tonne stainless steel end cover has been awarded £10,000 in damages. He was manually moving a half tonne stainless steel end cover hanging from lifting gear away..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Referred sources and transparency
The universal obligation of judicial tribunals to give reasons which were candid, intelligible, transparent and coherent were qualities which litigants and the public were entitled to expect in all reasoned judgments. Transparency meant that..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Over-concentration on causation element
A pathological gambler was not entitled to damages for negligence from a telephone bookmaker which had failed to implement an agreement to prevent him from placing telephone bets. The duty of care undertaken by the bookmaker was to prevent the..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Manual Handling Operations Regulations 1992
Once an employee had shown that a manual handling operation at work carried some risk of injury, for the purposes of regulation 4(1)(b) of the Manual Handling Operations Regulations 1992, the burden of proof was on the employer to prove that it had..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
EAT ruling on age discrimination
The Employment Appeal Tribunal (EAT) has ruled that a law firm was wrong to force a partner to retire at 65 on the assumption that his performance would decline when he reached that age.
The EAT found that ‘non-employee’ workers such as..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Justice Secretary on “ambulance-chasers”
The Justice Secretary, Jack Straw, is reported to be “quietly fuming about the proliferation of ‘ambulance-chasing lawyers’” according to an interview in the Daily Mail. The newspaper said that workplace compensation claims..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Disapplying three year primary limitation period
A judge exercising his discretion under section 33 of the Limitation Act 1980 to disapply the three-year primary limitation period in personal accident cases would consider whether it was just and reasonable in all the circumstances to expect the..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
EU rules on toy safety to be strengthened
The European Commission has said it welcomes the adoption by the European Parliament of its proposal to substantially strengthen EU rules on toy safety. It gives consumers assurance that toys sold in the EU fulfil the highest safety requirements..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
European Commission communication on patient safety
The European Commission has published recommendations to improve the safety of patients in the EU. The Commission has adopted a Communication which recommends a comprehensive approach to improving patient safety. The primary focus is on addressing..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
MRSA infections continue to fall in England
MRSA bloodstream infections in England are continuing to fall, according to the latest quarterly statistics from the Health Protection Agency (HPA). There were 725 MRSA bloodstream infections in England between July and September, representing a..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Product recall survey reveals lack of plans
In a survey of manufacturers and retailers conducted at a recent Marsh product risk seminar, around two-thirds of respondents stated that they had no crisis or recall strategies in place. Most of the remaining one-third had not tested or reviewed..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Product recalls in UK up 20%
The number of product recalls in the UK has jumped to a new high, up 20% over the last year to 230 (to 31 October 2008) compared to 192 in the previous year, according to annual research by Reynolds Porter Chamberlain (RPC).
RPC’s research..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Government action call over contaminated sofas
The government is being asked to take action on the issue of contaminated furniture, particularly sofas. According to Russell Jones and Walker (RJW), more than 5,000 people in the UK have now reported skin, chest and eye injuries after using..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Warning over non-compliance with REACH regs
Companies that use chemical substances in the European Union (EU) have been warned of the risk and insurance implications associated with their failure to adhere to the EU’s Registration, Evaluation and Authorisation of Chemicals (REACH)..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
People “hold positive views” of nanotechnologies
Ordinary people in the UK and the US hold very positive views of nanotechnologies and what the future of these technologies might bring, according to a new study published in the journal Nature Nanotechnology. Participants in both countries..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009
Weaknesses in US Govt nanomaterials research plan
The US National Research Council (NRC) has found what it describes as “serious weaknesses” in the US government’s plan for research on the potential health and environmental risks posed by nanomaterials.
In a report written by an..
Online Published Date:
16 January 2009
Appeared in issue:
221 - 01 January 2009