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- Home/Publications/Liability Risk and Insurance
It’s (possibly) coming home (or not)!
A dangerous precedent is being set which needs to be brought to public attention. It has been reported that an “entrepreneur” is to sue the hunter who shot Bruno the bear for damages. Apparently, the German businessman printed up..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
No Fault Compensation for Clinical Negligence
By the Scottish National Party
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Legal expenses insurers oppose small claims limit increase
The Legal Expenses Insurance Group (LEIG) has voiced strong opposition to any increase in the small claims limit for personal injury claims. Research by the Group concludes it would be highly detrimental to claimants for the personal injury small..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
MPs urged to improve NHS Redress Bill
MPs have been urged to make improvements to the NHS Redress Bill at a special meeting in the House of Commons. MPs heard from Action against Medical Accidents (AvMA), the Medical Protection Society and the Law Society.
According to Action against..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Legal Expenses Insurance Group formed
The Legal Expenses Insurance Group (LEIG) has been established by a number of leading legal expenses insurers and intermediaries. The Group said it will protect and advance the rights of claimants to justice and fair levels of compensation.
Director..
Online Published Date:
01 July 2006
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191 - 01 July 2006
SNP calls for ‘no fault’ scheme for clinical negligence
The Scottish National Party (SNP) has called for a ‘no fault’ compensation scheme in cases of clinical negligence. SNP leaders claimed the present system for compensating victims of medical errors was long, costly and needlessly..
Online Published Date:
01 July 2006
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191 - 01 July 2006
Pleural plaques cases put on hold
APIL and Norwich Union have reached an agreement to put pleural plaques cases on hold pending a crucial House of Lords judgment which could affect thousands of claimants. The insurer has agreed to extend the limitation period for any case which may..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
IUA sets up liability underwriters group
The International Underwriting Association (IUA) has set up a liability underwriters group to promote research into personal injury, emerging diseases, environmental insurance and product liability exposure in the pharmaceutical sector. The group is..
Online Published Date:
01 July 2006
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191 - 01 July 2006
Odyssey Re sets up new UK casualty insurer
Odyssey Re Holdings has announced the formation of Newline Insurance Company Limited, a casualty-focused insurance company based in London. According to Odyssey Re, all necessary regulatory approvals have been granted by the Financial Services..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Chelsea tractor drivers are more unsafe, says study
A recent study published in the British Medical Journal has revealed that drivers of four wheel drive vehicles are more likely to indulge in unsafe driving behaviours, such as using a hand held mobile phone and not wearing a seat belt.
The study,..
Online Published Date:
01 July 2006
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191 - 01 July 2006
ISO launches Personal Injury Claims Database
Insurance Services Office (ISO) Limited has launched a new initiative for Local Authorities and Councils. ISO’s Personal Injury Claims Database solution will help the 85% of Local Authorities that are experiencing a significant rise in the..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Hiscox appoints D&O Underwriting Manager
Hiscox Insurance Company has appointed Callum Taylor as D&O Underwriting Manager. He joins from ACE European Group, where he was Senior Underwriter (D&O). While there, he was responsible for the successful development of its D&O and..
Online Published Date:
01 July 2006
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191 - 01 July 2006
XL launches ‘A PLUS D&O UK’
XL Insurance Ltd has announced that its UK-based professional lines business has added a new product specifically tailored to the directors and officers insurance market in the UK.
According to XL, the new product, known as ‘A PLUS D&O..
Online Published Date:
01 July 2006
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191 - 01 July 2006
QBE makes PI appointment
QBE has appointed David Harries to head up both its Lloyd’s and insurance company professional indemnity (PI) portfolios. According to Insurance Day, Mr Harries, who currently heads up QBE’s Lloyd’s PI portfolio since 2002, is now..
Online Published Date:
01 July 2006
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191 - 01 July 2006
Work-related injury statistics by UK regions
More people are injured as a consequence of work-related activity in North Warwickshire than in any other region of Great Britain, according to analysis of Health and Safety Executive (HSE) figures by the Chartered Society of Physiotherapy..
Online Published Date:
01 July 2006
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191 - 01 July 2006
Study into men and workplace stress
Research into stress, sponsored by Vitabiotics Wellman, has found that 96% of men are experiencing workplace stress and more than one in three (37%) are turning to alcohol in an attempt to switch off from work.
The study found that men in the UK are..
Online Published Date:
01 July 2006
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191 - 01 July 2006
Stress at work can lead to hypertension
A study in the US has revealed that white collar workers who are stressed at work can suffer from hypertension or high blood pressure. The study, “A Prospective Study of White-Collar Workers,” was published in the American Journal of..
Online Published Date:
01 July 2006
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191 - 01 July 2006
Virus outbreaks hit cruise ships
Cruise ships appear to be increasingly at risk of viruses, with three cruise ships reporting outbreaks of Norovirus in the last month. The cruise ship Van Gogh reported an outbreak of Norovirus aboard last month, the third outbreak aboard the cruise..
Online Published Date:
01 July 2006
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191 - 01 July 2006
ACE launches environmental liability cover for SMEs
ACE European Group has announced that it is offering “an extensive and affordable environmental liability cover specifically for smaller and mid-sized private and corporate businesses, as part of its existing liability and commercial package..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
US trial lawyers and President Bush
The Association of Trial Lawyers of America (ATLA) really doesn’t like President George W Bush. Its latest press release begins “Like a jack-in-the-box repeatedly springing up to spout nonsense, President George W Bush has again blamed..
Online Published Date:
01 July 2006
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191 - 01 July 2006
ILO adopts asbestos elimination resolution
The International Labour Organization (ILO) has adopted a Resolution which declares that the elimination of the future use of asbestos and the identification and proper management of asbestos currently in place are the most effective means to..
Online Published Date:
01 July 2006
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191 - 01 July 2006
Asbestos exposure can cause cancer of larynx
Sufficient scientific evidence indicates that asbestos exposure can cause cancer of the larynx, according to a new report from the US Institute of Medicine of the National Academies. The committee that wrote the report said that there is..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Union sets up asbestos exposure register
Trade union BECTU and its law firm Thompsons have set up a register for members who believe they have been exposed to asbestos. The union said that the register “is an invaluable database of information that can help to speed up the process of..
Online Published Date:
01 July 2006
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191 - 01 July 2006
Scottish Parliament changes asbestos compensation legislation
The Scottish Parliament has pushed through a change in the law relating to asbestos compensation on the last day of the current parliamentary term. The decision to legislate arises from the House of Lords judgment in Barker v Corus
.
According to..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
“No risk-free level of exposure” to secondhand smoke
US Surgeon General Richard H Carmona has issued a comprehensive scientific report which concludes that there is no risk-free level of exposure to second-hand smoke. Non-smokers exposed to second-hand smoke at home or work increase their risk of..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Cadbury’s risk assessment called into question
As part of its investigation into salmonella contamination that led to Cadbury Schweppes’ recall of seven own-brand chocolate products, the Food Standards Agency has sought the views of the independent Advisory Committee on the Microbiological..
Online Published Date:
01 July 2006
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191 - 01 July 2006
Cadbury recalls chocolate bars over salmonella fears
Cadbury Schweppes Plc recently recalled seven different own brand chocolate products due to possible contamination with Salmonella Montevideo. The company said “This being done purely as a precautionary measure as some of these products may..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Corpore highlights need for absence management
Corpore, an injury management service provider, has highlighted the importance of a proactive approach to absence management and rehabilitation. At a workshop at the recent AIRMIC conference, Corpore presented recent case studies illustrating how..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Australian study shows occupational cancer rates underestimated
Every day 1.5mn Australians are exposed to carcinogens at work and about 5000 people a year develop some form of cancer due to occupation, according to a study by the Queensland Cancer Fund, published in the Australian and New Zealand Journal of..
Online Published Date:
01 July 2006
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191 - 01 July 2006
New syndrome: seated immobility thromboembolism
A report in the New Zealand Medical Journal suggests that people who sit for long periods at a computer could be at risk of developing deep vein thrombosis (DVT). The researchers call the syndrome seated immobility thromboembolism (SIT).
The..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Lack of compliance with anti-age discrimination regs
UK organisations are largely unprepared to comply with the looming anti-age discrimination regulations when recruiting and selecting staff, according to Water for Fish, a people and organisation consulting company, owned by Aon Consulting.
The firm..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
DCA reveals Legal Services Commission statistics
The Department of Constitutional Affairs has revealed the number of matters started under Legal Services Commission (LSC) contracts in civil law for the years since 2000/01.
Personal Injury
Clinical..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Newcastle to sue FA over Owen injury
Newcastle United is to seek damages from the FA following Michael Owen’s injury. The move to recoup part of the fee Newcastle paid for the player, his wages, the insurance paid to cover his wages and the cost of a replacement could eventually..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
“Fear of being sued” blamed for volunteer shortage
Girlguiding UK and the Scout Association have reported that there is a shortage of volunteers to run the organisations, at a time when waiting lists were increasing. Girlguiding UK has a waiting list of 50,000 but did not have enough adult..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Employer held responsible for psychiatric injury caused by stress at work
A woman, employed as a finance assistant, made numerous complaints about pressure of work. She had a history of resolved post-natal depression (PND), requiring time off work after the birth of each of her two children.
The company was found liable,..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
High Court should hear wrongful dismissal claims over £25,000
Where a claimant expected to recover more than £25,000 for wrongful dismissal, that claim should only be made in High Court proceedings. The findings of a tribunal in its judgment on an unfair dismissal claim would give rise to an issue..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Reduced share of liability
The Court of Appeal holds that the employer’s breach of the Manual Handling Operation Regulations 1992 was causative of the claimant’s injury but reduced their share of liability. A man was employed to deliver plumbing goods to a..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Pre-action conduct
Prior to litigation, the claimant made a global Part 36 offer of £3,409.95 upon disclosure of the medical evidence. The defendant responded 23 days later with a counter offer in the sum of £2,264.85. The claimant did not respond, but..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Disapplying the time limit
The court had a wide and unfettered discretion under section 33 of the Limitation Act 1980 to disapply the time limit under section 11 in a personal injury action where it appeared equitable to do so: in exercising its power the court was not..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Law Society and compensation fund
The Law Society manages a fund to compensate clients who become victims of dishonest solicitors. Courts have accepted that the Law Society can seek compensation from negligent accountants in circumstances where the Society has paid compensation to..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Repudiating liability for an uninsured driver
The claimant was a passenger in a van being driven by his brother. The van was involved in a road traffic accident and he brought proceedings against his brother for the serious injuries that he sustained.
The van was owned by a company. The brother..
Online Published Date:
01 July 2006
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191 - 01 July 2006
Disabled woman wins damages for sacking
A 22-year old woman has won damages of £20,352.85 against a former employer who had sacked her after she had a stroke and became blind. According to the Disability Rights Commission (DRC), which supported the case, it represents one of the..
Online Published Date:
01 July 2006
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191 - 01 July 2006
Male nurse wins sex discrimination case
A 29-year-old former student nurse who left the profession over concerns about how male nurses are treated, has won his appeal in his sex discrimination case against a London NHS Trust. His case was supported by the Equal Opportunities Commission..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
£600,000 for injured adventure travel guide
An adventure travel guide left paraplegic after the truck he was repairing toppled over and crushed his spine is to receive £600,000 compensation from his employers for failing to provide adequate equipment and training.
The man was taking a..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Man wins damages for ladder fall
A man has won £77,178 in damages after falling from a ladder. The moulding machine operator fractured his shin bone when he fell from an 8ft ladder. He was off work for eight months. Trade union Amicus fought his case, arguing he should have..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Compensation for Vibration White Finger
A man has been awarded a £7,500 compensation payout after he contracted the industrial disease Vibration White Finger (VWF). He used vibratory equipment at work for more than 20 years which resulted in the onset of VWF. The disease caused his..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Primary school teacher wins bullying case
A primary school deputy head teacher has won her case for constructive dismissal. She claimed she was forced out of her job after being bullied by the head teacher. It was reported that the tribunal chairman said she is likely to receive the..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Chambermaid wins £1,750 for unfair dismissal
A chambermaid has won £1,750 for unfair dismissal at a Jersey employment tribunal. She was sacked after returning home to Portugal to visit her sick mother. She had left at short notice, missing the Xmas and New Year period. She returned a few..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Compensation for electric shock-induced heart attack
A maintenance fitter has been awarded £2,438 in compensation after suffering an electric shock at work, resulting in him suffering a mild heart attack. He was disconnecting hydraulic pipes with a spanner, when he suffered an electric shock. The..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
£85,000 compensation for widow
A hospital has paid out £85,000 in compensation in an out of court settlement to the widow of a man who died of a haemorrhage. She sued the hospital for negligence, arguing that he could have survived if the diagnosis had been quicker. The same..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Unfair dismissal over stress
A woman has been awarded damages of £14,800 for unfair dismissal. The woman, who worked for a train company, went on sick leave and was dismissed on health grounds. She suffered from work-related stress after she picked up a syringe on a train,..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Student lawyer wins personal injury case
A student has been awarded £2,400 in compensation after crushing his hand while working in a local supermarket. He was awarded the sum in an out of court settlement. The man was working as a part-time shelf stacker, as well as studying towards..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Football League’s professional negligence claim fails
The Football League has managed to win all of £4 in its claim for £150mn in damages from its former legal advisers in relation to a failed television deal. The case was believed to be one of the biggest ever professional negligence claims...
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Latex allergy nurse wins £260,000
A dental nurse with an allergy to latex gloves has won £260,000 in damages. Her career was ended as a result of her potentially fatal allergy to latex gloves. She worked for the RAF and was invalided out because of her allergy, which developed..
Online Published Date:
01 July 2006
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191 - 01 July 2006
£6.8mn damages for car crash victim
A car crash victim who was left with serious injuries has received £6.8mn in damages. He was a rear passenger in a car which crashed into a tree. He had sued the driver of the car. He was left with severe and permanent brain damage and requires..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
£136,000 for smashed elbow
A worker who tripped and injured his elbow has won £136,000 in damages. The man, a welder, tripped over a piece of tubing whilst carrying a large sheet of steel, and his elbow was smashed in the fall. He sued his employers claiming that he was..
Online Published Date:
01 July 2006
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191 - 01 July 2006
£40,000 for botched operation
A woman who was left incontinent for 12 months after a surgeon botched a routine gynaecological operation has been awarded £40,000 in compensation. She was admitted as a day surgery case, to remove an area of infected tissue following a..
Online Published Date:
01 July 2006
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191 - 01 July 2006
Six figure sum for whiplash injury
A man has won a significant six figure sum for a whiplash injury which resulted in the collapse of his successful business. The man was the managing director of a successful company with a multi million pound turnover. He was involved in a rear end..
Online Published Date:
01 July 2006
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191 - 01 July 2006
Nanny sues camera manufacturer over arrest
The manufacturer of a video camera is being sued in the US by a nanny who was filmed allegedly shaking a five month old baby. As a result of the footage, which was shown on US television, she was arrested by police and charged with shaking the..
Online Published Date:
01 July 2006
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191 - 01 July 2006
Widow wins hospital settlement
A hospital has paid a five figure out of court settlement to the widow of a man who died in hospital. The widow had claimed that the hospital was responsible for his death by failing to diagnose a leaking aortic artery. The hospital denied..
Online Published Date:
01 July 2006
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191 - 01 July 2006
Noise Induced Hearing Loss claim upheld
A man has been awarded a five figure sum in compensation after he suffered Noise Induced Hearing Loss. He was exposed to high levels of noise from pneumatic jack hammers and heavy construction machinery without the use of ear protection. As a result..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Electrocuted worker wins settlement
A man has been awarded a “substantial amount” in an out-of-court settlement by his former employers after he was electrocuted at work leading to serious and painful permanent injuries. His claim was settled just a week before trial after..
Online Published Date:
01 July 2006
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191 - 01 July 2006
WBA sues surgeon for £1mn
A surgeon is facing a £1mn compensation claim from West Bromwich Albion Football Club over a player whose career was ended by surgery. The player suffered a cruciate knee ligament injury, and the knee specialist recommended reconstructive knee..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Widow wins asbestos compensation
The widow of a man who died after being exposed to asbestos has won her legal battle for compensation. The former scaffolder died in 2002 from lung cancer caused by asbestos exposure.
Although an inquest concluded that his death was as a result of..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006
Government to legislate to overturn Barker v Corus judgment
The Government has stepped in to the debate about asbestos claims where there are several employers, following the Lords’ judgment in Barker v Corus
. The Government is to amend the Compensation Bill to ensure that employers are jointly and..
Online Published Date:
01 July 2006
Appeared in issue:
191 - 01 July 2006