i-law

Liability Risk and Insurance

Marriage guidance counsellor PI business
A new and potentially lucrative line of business for liability insurers has opened up in the US: marriage guidance counsellor professional indemnity. The market looks set to take off after reports of a large claim against such a professional. We are..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Why Employers’ Liability only scratches the surface - Results of the Marsh employer benchmarking survey
By Barbara J Dahill, leader of human capital risk management, Marsh Ltd.
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Micrah joins Premex Group
Micrah, a supplier of general practitioner and consultant medical evidence, has joined Premex Group Ltd, a leading medico-legal and rehabilitation supplier to the legal and insurance industries. Micrah was previously owned by HBOS Group. The move..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Australian personal injury law reforms “unnecessary”
There is no evidence that reforms to personal injury laws were needed to halt a so-called “litigation explosion” in Australia, according to an Australian Law Council report. “National Trends in Personal Injury Litigation: Before..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
APIL calls for streamlined personal injury claims process
The Association of Personal Injury Lawyers (APIL) has said that the answers to a quicker, more cost effective personal injury claims system are within reach and that the current system should be “actively built upon.” “All..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Court of Appeal decision on payment of medical agency fees
The Court of Appeal has swept away uncertainty about the payment of medical agency fees and signalled the survival of the medical reports market, according to one player in the market, Mobile Doctors Limited (MDL). The court clarified the issue of..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Chairman appointed to Joint Committee
Lord Hunt of Wirral, chairman of the Financial Services division at commercial law firm, Beachcroft, has been appointed chairman of a Joint Committee of the House of Lords and House of Commons formed to consider and report on the draft Legal..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Draft Legal Services Bill published
The draft Legal Services Bill has been published by the Department for Constitutional Affairs. According to the government, it “paves the way for improved choice, quality and availability in the legal services market. The Bill puts the..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Co-op forms legal services firms
The Co-op is to launch a range of legal services for its customers and members with the announcement of the formation of a new co-operative business venture. Co-operative Legal Services (CLS) will offer a comprehensive suite of legal services..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
InterResolve adds ADR services to Bodily Injury Claims Scheme
Claims resolution company InterResolve has announced an agreement with the Chartered Institute of Arbitrators’ADR service provider arm, DRSCIArb, and mediation specialists ADR Group, to add an extensive range of arbitration and alternative..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Fast track compensation scheme launched
A new fast track compensation scheme called Claimsense has been launched by claimant law firm Russell Jones & Walker and claims specialist company Elision. The two organisations claim that it will save the industry up to £1bn a year in..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Link Insurance saves £500,000 per year
Insurance Services Office (ISO) has reported that Link Insurance has used ISO’s Claims Outcome Advisor (COA) solution to help achieve savings of £500,000 per year on its overall costs. Since it installed COA in 2004, Link has increased..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
QBE relaunches combined liability cover
QBE has relaunched its combined employers’ and public liability insurance cover on an exclusive basis, according to Insurance Day. Underwritten by QBE’s DA Constable syndicate 386, the “386 Cares” product will be offered to..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Equitas figures for 2005/06
Equitas, the Lloyd’s run-off vehicle, has reported a very slight fall in its solvency margin to 12.0% in the year to 31 March 2006, from 12.2% for the previous year. The retained surplus fell by £18mn to £458mn. Equitas said that a..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Stop The Claims Roundabout says new campaign
A new campaign has been launched by the Accident Relief Campaign (ARC), the campaigning arm of charity, the Motor Accident Relief Society (MARS). The campaign, Stop The Claims Roundabout, said: “Nearly £40mn is being ripped off..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Home Office reveals compensation paid to prisoners
Home Office minister Gerry Sutcliffe has revealed the amount of compensation paid to prisoners by the public sector prison service in England and Wales in 2004-05 and 2005-06. The Secretary of State for the Home Department was asked in a written..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Local authorities’ public liability claims down
A recent survey conducted by FraudLine, a telephone hotline conceived and run by Cunningham Lindsey, amongst a cross section of 12 of their subscribing local authorities, revealed that on average the number of public liability insurance claims..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Council clampdown on fraudulent compensation claims
The Association of British Insurers (ABI) has praised the clampdown by Caerphilly Council on fraudulent compensation claims. In the last five years Caerphilly Council has saved over £5mn by exposing compensation cheats. Stephen Haddrill,..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Go-ahead for London local government insurer
A green light has been given for the creation of a first-ever London local government insurance company. The London Regional Centre of Excellence (LRCE) has approved funding of £115,000 to set up the guaranteed insurance mutual which will be..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Professional insurance for sole contractors
Hiscox has issued a briefing note outlining the key professional insurances available for sole contractors/self-employed freelance consultants. Hiscox estimates that there are around 250,000 freelancers, contractors and consultants in the so-called..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
One in six employees under the influence of alcohol
One in six employees in Britain has been under the influence of alcohol at work in the last six months, according to a study into “Alcohol in the workplace” by Royal & SunAlliance (R&SA). Nearly 60,000 employers also attribute..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
New chair of the Employment Lawyers Association
Barry Clarke, Partner and Head of Russell Jones & Walker’s Employment practice in Cardiff, has taken over as the chair of the Employment Lawyers Association (ELA). He is also a part-time Employment Tribunal chairman and is the youngest..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
One in four NHS staff bullied
A recent report has revealed that one in four NHS staff have been bullied and harassed by patients and their relatives and nearly one in seven report similar experiences from other members of staff. The BMA is calling for a culture of zero tolerance..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
MoD’s action plan on sexual harassment
A new action plan to prevent and deal with sexual harassment in the Armed Forces has been agreed by the Ministry of Defence and the Equal Opportunities Commission (EOC) following research to clarify its extent. Extensive research carried out by..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
A fifth of workers concerned about work-related stress
A report published today by the Health and Safety Executive (HSE) shows that just over a fifth of British workers are concerned about work-related stress. Figures derived from the Labour Force Survey in 2004/05 indicate that around 13mn working days..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Survey reveals increasing problem of workplace stress
Latest research released by healthcare benefits provider HSA and Employee Benefits magazine has found that workplace stress is becoming an increasing problem for employers. The annual Healthcare survey, which was conducted among 431 human resource..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Temporary workers have higher risk of occupational injury
A study looking at associations between temporary employment and occupational injury has concluded that “lower job experience and knowledge of workplace hazards, measured by length of employment, is a possible mechanism to explain the..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Occupational health can reduce absence rates
Companies should invest in occupational health (OH) to help reduce absence rates and improve employee welfare, according to EEF, the manufacturers’ organisation. A major survey of sickness absence trends in manufacturing companies, carried out..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Businesses still flouting Working at Height Regulations
According to Norwich Union, businesses are still flouting the law and causing accidents, even in trades not considered “high risk”, a year on from the Working at Height Regulations. The insurer has found that serious falls at work are..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Airbus A380 increases liability exposure
With possible seating capacity of up to 850 people, the Airbus A380 is increasing the aviation insurance industry’s hull and liability exposure, according to an article in the latest issue of Exposure, which is published by GE Insurance..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Positive results for UK P&I Club
The UK P&I Club has revealed a financial surplus of $11mn at the end of the 2005 financial year, and has increased its free reserves by 5% to $217mn. The Club said that a more favourable claims experience in the 2005 policy year and a 6%..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Fears of a larger vCJD epidemic
A small study in this week’s BMJ suggests a new human genotype may be prone to variant Creutzfeldt-Jakob disease (vCJD). Although this new evidence may rekindle fears of a larger epidemic, others warn that it is important to be cautious in..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
ATLA responds to new asbestos bill
In response to the re-introduction of the asbestos bill in the US Senate, Ken Suggs, president of the Association of Trial Lawyers of America (ATLA), said: “This is the same fundamentally flawed asbestos bailout bill that the Senate wisely..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
US national trust fund for asbestos reintroduced
The bill to establish a $140bn national trust fund to settle outstanding and future asbestos claims has been reintroduced in the US Senate. An earlier version of the legislation was narrowly defeated in a procedural vote. The new bill tightens..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Report reveals lifetime cost of injuries in the US
The lifetime cost of injuries occurring in a single year in the US totals an estimated $406bn in medical expenses and productivity losses (including lost wages, fringe benefits, and ability to perform normal household responsibilities). This is..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
European multisector agreement on silica
The first European multisector agreement has been signed which will protect workers exposed to crystalline silica dust, which can lead to silicosis, a potentially fatal lung condition. The agreement aims to reduce workers’ exposure to..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Scottish parliament to look at compensation laws
The Scotsman has reported that Hugh Henry, the deputy justice minister, has promised to look at compensation laws in Scotland to ensure victims of asbestos-related cancer and their families are getting fair treatment. The newspaper said that many..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
GM files suit against RSA
US car manufacturer General Motors is reported to have filed suit in the UK against Royal & SunAlliance over asbestos and environmental pollution claims. The legal action is part of wider-ranging litigation already in progress in the US. An RSA..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
APIL condemns Lords’ decision on asbestos claimants
The Association of Personal Injury Lawyers (APIL) has said that thousands of victims of asbestos-related disease have been deserted by the law, after the recent decision by the House of Lords. APIL president Richard Langton said he was appalled by..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Call for faster compensation for mesothelioma sufferers
John Hutton, the Secretary of State for Work and Pensions, has announced his intention to work in partnership with insurers to ensure faster compensation for mesothelioma sufferers and their families. Mr Hutton said: “No amount of money will..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Strong evidence of smoking link to blindness
The Royal College of Ophthalmologists has warned that there is now compelling evidence that smoking, even passive smoking, causes Age-related Macular Degeneration (AMD), the leading cause of blindness in the UK. The Royal College is calling for..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
ASH figures on workplace exposure to smoking
Action on Smoking and Health (ASH) has released new figures on workplace exposure to smoking which show that in 2004 more than 10mn people across Great Britain still worked in places where smoking is allowed somewhere on the premises, and more than..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
ABI calls for tax incentives for rehabilitation programmes
The Association of British Insurers (ABI) has called for new tax incentives to improve the UK’s poor record on rehabilitating employees who are injured or fall ill in the workplace. Last year 28mn working days were lost to work–related..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
MDU pays £8.5mn over 10 years for cosmetic surgery claims
The Medical Defence Union paid out just under £8.5mn in compensation and legal costs over the last 10 years to patients harmed by cosmetic surgery procedures. The majority of claims were made by patients who had breast and facial surgery and..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Trade union warning over skin cancer
Trade union GMB has warned Britain’s million of outdoor workers and their employers about the risks from skin cancer resulting from workers being sun burnt while at work. Latest figures from Cancer Research UK show that 1,777 people die from..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
250,000 Employment Tribunal cases of sex discrimination
The Equal Opportunities Commission has released statistics showing there have been a quarter of a million Employment Tribunal cases of sex discrimination and 67,000 related to equal pay in the 30 years since the Sex Discrimination and Equal Pay Acts..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Legal action warning over new age discrimination legislation
Water for Fish, a leading people and organisation consulting company and subsidiary of Aon Consulting, has warned businesses that they could be leaving themselves vulnerable to expensive and embarrassing legal action if they do not take steps to..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Defective product and Consumer Protection Act
The Court of Appeal has held that a bottle of dishwasher powder is not a defective product for the purposes of the Consumer Protection Act 1987. An infant became seriously ill after digesting dishwasher powder from a plastic bottle. The claim was..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Considering “rehearing” and “review” in case law
Where an employment tribunal considering an unfair dismissal claim looked to the fairness of a dismissal for misconduct, and the employee had a contractual right of appeal against a decision to dismiss, care must be taken to avoid the wrong approach..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Hand arm vibration syndrome and experts
A claimant alleged he suffered from hand arm vibration syndrome (HAVS) and filed with the court medical reports supporting his allegations. However, when he came to give evidence, he was obliged to describe the symptoms from which he was allegedly..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Causation and foreseeability of injury
The claimant had been employed as a dentist by a primary care trust. It appeared that in the last few years of her employment she had experienced difficulty with the manager of the department where she worked, who had apparently made serious..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
The requirement of reasonable foreseeability
The claimant was employed as a Sales Manager selling houses on new build sites. Following her resignation, she alleged that she had been required to work excessive hours, seven days a week and that she had been subjected to bullying and forced to..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Injury to feelings award not excessive
A manager of a hairdressing salon who took part in bullying and fostered and encouraged a discriminatory atmosphere at work by behaviour and example against an employee who was pregnant was jointly and severally liable together with the employer..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Problem of periodical payments being “reasonably secure”
Section 2(3) of the Damages Act 1996 provides that a court may not make a periodical payments order unless satisfied that payments under the order are “reasonably secure”. Section 2(4) deems there to be reasonable security “ where..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Sheffield council personal injury claims costs
South Yorkshire newspaper The Star has revealed that personal injury claims cost Sheffield council £583,333 in 2004/5. According to the paper, during 2004/5 the council paid £219,757 to members of the public and paid an additional..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
£37,500 damages for RSI
A night editor for a national newspaper, employed as a casual, who was refused access to the company physiotherapist after developing crippling elbow pain and who was eventually forced to leave the paper because only unsuitable, lower paid work was..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Group action over hotel illness
A group legal action against a UK tour operator has been brought by a large number of holidaymakers staying at a hotel in Mexico who were struck down with gastric illness after guests reported a series of health and hygiene problems. One couple have..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
£2.2mn for brain damaged girl
The parents of a brain damaged school girl have received a settlement of £2.2mn. The girl was crossing the road with her sister when she was knocked down by a BT van. The road accident left her unable to move or speak. Had she not been partly..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Non-UK resident wins £135,000 damages
A Japanese businessman, who suffered serious head injuries when he was involved in a motorway pile-up, has been awarded £135,000 damages. The man, who was working in the UK as part of a three-year secondment, was a passenger in a car which was..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Police motorcyclist wins collision case
A police motorcyclist has received £30,000 in an out of court settlement over a collision with a car. The policeman was an outrider for the Queen during a Golden Jubilee visit. He was hit when the 70-year-old car driver turned into his path...
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
£62,300 for pavement trip
A 73-year-old man who tripped on a broken pavement has been awarded £62,300. The man damaged his spinal cord and spent five months in hospital learning to walk again. The council admitted responsibility for the state of the footpath but argued..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
£4,000 award for lacerated elbow
A fabricator has been awarded £4,000 after lacerating his elbow in a workplace accident, which led to a potentially dangerous arm infection. The man was attempting to climb over a pile of steel, which surrounded the work area, to get to the..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
£3,800 settlement for severed finger
A man has been awarded £3,800 by his employers in an out of court settlement after losing part of a finger and being unable to work for three months. The man lacerated the end of the ring finger on his left hand whilst lifting a steel plate...
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
£300,000 settlement over mother’s death
An NHS Trust has paid £300,000 in a settlement over the death of a woman after the birth of a still-born baby. The mother of two bled to death following complications after she was advised by doctors to give birth to the stillborn child..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Award for back pain injury
A man has been awarded £6,500 in compensation after a workplace accident left him with persistent back pain. He was awarded the sum in an out of court settlement, following an employer’s liability claim. The man had been sent on a..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
£250,000 compensation for non-diagnosed cancer
An NHS Trust has agreed to pay £250,000 compensation to the widow and three children of a man who died after his cancer of the lymph tissue was not discovered until too late. He was diagnosed with a suspected lymphoma but when he was scanned at..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Major settlements for severe birth injuries
In two separate cases, two boys who suffered extremely severe injuries at birth have received ground-breaking settlements, according to their law firm, Leigh Day & Co. For both of them, the bulk of the compensation is made up of very substantial..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Former footballer wins £400,000 in damages
A former footballer has been awarded £400,000 in damages after his career was ended by a dangerous tackle. Former Scunthorpe and Bolton midfielder Peter Morrison suffered multiple breaks in his leg, and he has not played professional football..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
£5mn for brain damaged baby
Compensation of £5mn has been paid to the mother of a girl who was born severely disabled. The baby was starved of oxygen in the womb. The NHS Trust admitted liability and settled out of court. The girl has severe brain damage and cerebral..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
£100,000 for Porton Down veteran
The Ministry of Defence has paid £100,000 to the family of a man who died as a result of being treated as a human guinea pig at the Porton Down laboratories. According to the man’s law firm, Leigh Day & Co, “the payment bodes..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
£1mn compensation for Potters Bar victim
Nearly £1mn in compensation has been paid by Network Rail and former rail contractor Jarvis to the novelist Nina Bawden. She had been injured in the Potters Bar train crash, and her husband had been killed. The settlement was made a few weeks..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
City bank to be sued for unfair dismissal
A city bank is being taken to an employment tribunal by one of its female employees for unfair dismissal. The woman, who was head of asset and liability management in HBOS’s treasury department, reportedly earned around £600,000. She is..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
£3mn claim for damages rejected
The High Court has rejected a £3mn claim for damages from a woman who was injured jumping 12m from a hostel window. She was left permanently disabled by the jump, which was in order to escape from a group of young people. She had sued various..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Former soldier to pay back nearly half of damages
A former soldier has been forced to pay back nearly half of her damages awarded when her career was brought to an end by a broken ankle. The woman, who was only eight weeks into her basic training, won nearly £258,000 on the grounds that she..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Male ponytail ban not sexual discrimination
A man has lost his claim for sexual discrimination at an industrial tribunal. He brought the claim because he was turned down for a job on the grounds that he had refused to cut his pony tail off. He was told that the job was his if he cut his hair...
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Speeding police car claim fails
A man has lost his claim for compensation after he claimed he was hit by a speeding police car. His arm was broken in the accident. He had claimed £70,000 in damages. However, the court ruled that he was responsible for the accident, as he had..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006
Willis Index tracks little impact from last year’s hurricanes
Directors’ and Officers’ (D&O) liability, professional indemnity for accountants and auditors, UK environmental insurance, and UK financial institutions, were all lines of business where rates were expected to be impacted by last..
Online Published Date:  01 June 2006
Appeared in issue:  190 - 01 June 2006

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