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Employment tribunal’s jurisdiction for claims
The employment tribunal had jurisdiction to entertain claims for race and age discrimination brought against a British airline by employees based in Hong Kong, who worked for the airline on flights between Hong Kong and London, among other..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
Report details deliberate under-reporting of rail accidents
An independent investigation carried out by the Rail Safety and Standards Board (RSSB) has found there was significant under-reporting of accidents between 2005 and 2010. The report details the unintended consequences of management actions designed..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
Law Society responds to the government consultation
The Law Society has responded to the government consultation on civil litigation funding by outlining how significant savings can be made across the justice system so government cuts to legal aid can be avoided. “We believe the most vulnerable..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
European Commission consultation on collective redress
The European Commission has launched a public consultation, “Towards a more coherent European approach to collective redress”. The commission explained as a public authority and the guardian of the European Union (EU) Treaties, it..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
Legal Expenses Insurance Group responds to consultation
The Legal Expenses Insurance Group (LEIG) has published a response to the consultation on Proposals for Reform of Civil Litigation Funding and Costs in England and Wales.
The LEIG said: “Every study has indicated there is no compensation..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
Judges’ Council responds to Government’s consultation
The Judges’ Council has responded to the government’s consultation paper on reform of legal aid in England and Wales.
“One of the major concerns running through our comments is the proposals would lead to a huge increase in the..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
Excessive & Disproportionate Costs in Litigation By Dr Angus Nurse, Professor John Peysner, and John Flynn
By Dr Angus Nurse, Professor John Peysner and John Flynn
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
Employer’s knowledge and Employment Rights Act
The employer’s knowledge for the purposes of s98(4) of the Employment Rights Act 1996 was that of the person who was deputed to carry out the employer’s functions, the Court of Appeal so held in a reserved judgment. The court dismissed..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
The ABI’s Response to MOJ’s consultation paper on Civil Litigation Funding
The Association of British Insurers’ (ABI) response to the Ministry of Justice’s Consultation Paper: Proposals for reform of Civil Litigation Funding and Costs in England and Wales.
The ABI broadly supports the ministry’s proposals..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
Access to Justice Action Group responds to Green Paper
The Access to Justice Action Group (AJAG) has said access to justice for ordinary people will be severely curtailed by the Ministry of Justice green paper on implementing the Jackson review.
AJAG said the green paper proposals would lose important..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
APIL responds to Government consultations
The Association of Personal Injury Lawyers (APIL) has responded to the government’s consultations on legal aid and civil litigation funding and costs. Cutting legal aid and restricting conditional fee arrangements (CFAs) would create a..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
Corporate Responsibility Coalition responds to MoJ proposals
The Corporate Responsibility Coalition, a group including Amnesty International UK, Action Aid, Friends of the Earth, TraidCraft, War on Want and WWF (GB), has written to justice minister, Jonathan Djanogly, about the proposals for reform of civil..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£21,500 in compensation for RTA
A man who broke his spine in a road traffic accident has received £21,500 in compensation. He was driving home from work when the driver of a trailer in front of him lost control, causing it to jack knife across two lanes of a motorway. It was..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
Academic group responds to Jackson Report
A paper has been produced by a group of academics, headed by Ken Oliphant, professor of tort law at Bristol University, entitled “On A Slippery Slope - A Response To The Jackson Report”. The paper by the working group on civil litigation..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
Excessive & Disproportionate Costs in Litigation study
Delays caused by defendant insurers are in many cases causing a six-fold rise in the costs associated with pursuing a claim, according to research compiled by the Lincoln Law School and commissioned by National Accident Helpline.
“The study..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£200,000 in damages for RTA
A pedestrian who suffered crush injuries to his face after he was hit by a car while crossing the road has received more than £200,000 in damages in an out-of-court settlement. He needed reconstructive surgery on his face following the..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
UCATT warning over cancelled asbestos campaign
Construction union UCATT has said an award-winning campaign, which warned construction workers about the dangers of asbestos, has been cancelled. UCATT said it believes the decision is due to the government’s spending cuts and fears it will..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£320,000 out-of-court settlement for HGV driver
An HGV driver who remained trapped and unconscious for more than an hour after colliding with the back of another lorry has received more than £320,000 in an out-of-court settlement. The man had been driving along an unlit section of the A14 at..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£65,000 in compensation for RTA
A breakdown technician who was injured when an articulated lorry ploughed into the back of his stationary van at the side of a motorway has been awarded £65,000 in compensation. He had been answering an early morning call-out and had just..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
ABI responds to the Ministry of Justice consultation
The Association of British Insurers (ABI) has said it is “time to put the brakes on the legal costs gravy train that is costing UK consumers £2.7m every day”.
The ABI called for a root-and-branch reform of Britain’s civil..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
Argo International expands casualty team
Specialist Lloyd’s insurer Argo International has appointed Nigel Dorning to its casualty team. He has nearly 40 years of experience in the London casualty market in both the underwriting and broking sectors and has been a professional..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
MoJ proposals may be against the law, APIL says
Plans to restrict “no win, no fee” lawyers could be against the law for personal injury cases, according to leading counsel’s opinion obtained by the Association of Personal Injury Lawyers (APIL) and the Personal Injuries Bar..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
European Commission calls on UK to change asbestos rules
The European Commission has asked the UK to change provisions in its legislation that exempt some maintenance and repair activities from the application of the European Union (EU) directive on protection of workers from asbestos. According to the..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
British pilots warning about fatigue
The British Airline Pilots’ Association (Balpa) has warned the Colgan Air disaster on February 12, 2009, when 50 people were killed in an aircraft that crash-landed at Buffalo in the US, could happen here in the UK if European Union (EU) rules..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
ABI responds to LSB’s consultation paper on referral fees
The Association of British Insurers (ABI) has responded to the Legal Services Board’s consultation paper “Referral fees, referral arrangements and fee sharing”.
The ABI said the payment of referral fees comes at a..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
LMA responds to consultation on Reform of Civil Litigation Funding
The government’s proposal to end recovery of conditional fee arrangements (CFAs), success fees and after-the-event (ATE) premiums in an effort to reduce the spiralling cost of civil litigation, has been endorsed by the Lloyd’s Market..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£100,000 settlement for road death
The sister of a woman who was killed in a road collision has received more than £100,000 in an out-of-court settlement. The victim was fatally injured when the car she was travelling in as a rear-seat passenger was hit by another vehicle. The..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£2.75m settlement for brain injuries
A young woman who was left with significant brain injuries after being hit by a van has been awarded £2.75m in an out-of-court settlement. The van mounted the pavement, hit a lamp post and collided with her. The defendant admitted liability...
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£390,000 damages for misdiagnosis
A woman who was injured at work and then suffered a misdiagnosis has been awarded compensation of £390,000. She was injured when the trolley she was pulling became caught and fell on her, injuring her leg. She was immediately taken to..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
Public liability is main concern of charities
Public liability continues to be the main area of concern for the UK’s charities, with cashflow and the impact of the recession following close behind, according to a new study by specialist charity insurer Ecclesiastical. The study, conducted..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£7,500 in compensation for slip
A nursery worker who was forced to change her career after she was badly injured in the workplace has received £7,500 in compensation. She slipped on a freshly mopped floor at a crèche at a children’s centre. The cleaner had not put..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
Chartis Insurance UK extends D&O policy
Chartis Insurance UK has announced an extension of its directors’ and officers’ (D&O) policy to include an endorsement that will pay for public relations expenses to help either mitigate a crisis which results from a credible threat..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£300,000 damages for whiplash injuries
A woman whose career was ended after she suffered whiplash injuries has been awarded nearly £300,000 in compensation. The management accountant was sat in her vehicle in traffic at a roundabout when she was struck from behind and shunted..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£50,000 in damages for clinical negligence
A clinical negligence claim has been settled for £50,000 in damages. The claim involved an elderly man, who was admitted to hospital after having a fall at home. He suffered a stroke shortly after his admission, which left the entire right side..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£215,000 out-of-court settlement for crushed foot
A former telecoms engineer whose foot was crushed in an accident at work has been awarded £215,000 in an out-of-court settlement. The man had endured years of significant pain, as well as repeated surgical procedures after a 50 kg roll of steel..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£15,000 clinical negligence claim
£15,000 clinical negligence claim
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£551,488 in damages for RTA
A woman has received £551,488 in compensation after she was dragged for approximately 50 metres under the wheels of an articulated lorry. She was on her way to work just before 9 pm on a busy late-night shopping night in central London. She ran..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£750,000 in compensation for amputation
A man who had to have his leg amputated after he was hit by a car while cycling has received £750,000 in compensation. He had just started a personal challenge to cycle the length of Britain off-road when the accident happened. His bike was hit..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£200,000 in clinical negligence damages
A clinical negligence claim arising from a brain injury has been settled for £200,000 in compensation. While the woman was being operated on, she suffered a hypoxic brain injury because the surgeons failed to maintain her blood pressure at the..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£10,00 in compensation for holiday injury
A man who tore his ankle ligaments while on holiday in Egypt has been awarded £10,00 in compensation. He was using a private beach at a hotel when he fell on an unsecured jetty hotel staff were working on. He tore his ankle ligaments and had to..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£8,500 in compensation for tinnitus
A man who suffers from long-term damage to his hearing caused by defective work equipment has received £8,500 in compensation. He developed tinnitus after he was hit in the side of the face by a faulty lorry door handle. The driver was..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£25,000 award for RSI
A man who developed repetitive strain injury (RSI) has received £25,000 in damages. The man worked in a local hospital and developed RSI over a period of years due to the poor working conditions he was placed under. The hospital admitted..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£75,000 in clinical negligence compensation
A clinical negligence claim involving a nerve injury has been settled for £75,000 in compensation. A woman who had a benign lump removed on her neck by her hospital suffered nerve damage in her neck. She was left unable to move her arms above..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£17,000 out-of-court settlement for dog attack
A teacher who was left traumatised following a vicious dog attack has received more than £17,000 in an out-of-court settlement. The woman was so affected by the incident she has been unable to return to her teaching job. She was left with..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£18,000 settlement for sport injury
A man who broke his leg while playing football on a defective indoor pitch has received £18,000 in an out-of-court settlement. The man suffered multiple fractures to his lower leg when the studs of his moulded football boots became stuck in the..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£100,000 settlement for back injury
A man who suffered an accident when he slipped on spilt water and injured his back has received £100,000 in compensation in an out-of-court settlement. His company admitted liability but he stayed in employment until he was made redundant...
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
Violence, bullying and harassment common in European workplaces
Violence, bullying and harassment are becoming increasingly common features of European workplaces, according to a new report by the European Agency for Safety and Health at Work (EU-OSHA). Third-party violence and harassment affect from 5% to 20%..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
US 2010 D&O liability survey from Towers Watson
The 2010 directors’ and officers’ (D&O) liability survey in the US, conducted by Towers Watson, has revealed limits have largely remained the same in 2010.
The survey found 21% of respondents said they had increased their D&O..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£75,000 in damages for botched operation
An elderly woman who underwent a botched knee replacement operation has been awarded £75,000 in damages in an out-of-court settlement. The operation was performed by a private surgeon. After the procedure, her leg remained swollen and painful,..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£115,000 damages for work slip
A woman who worked as a banqueting manager for a golf club has been awarded £115,000 in an out-of-court settlement after slipping at work and injuring her back. She slipped on a floor left soaking wet after being mopped without the use of a..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
£60,000 in compensation for cyclist
A cyclist has received £60,000 in compensation in an out-of-court settlement after being injured in an accident. He was cycling along a small road when he was attacked by a dog that had been let loose on the road by its owner. The man suffered..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
FSA announces new regulations for EL policy data
New regulations announced by the Financial Services Authority (FSA) requiring insurers to publish data on employers’ liability policies and all new claims made against employers’ liability policies have been welcomed by the insurance..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
Employers’ Liability Tracing Office preparing for launch
Slightly more than 90% of employers’ liability (EL) insurers have voluntarily confirmed their membership of the Employers’ Liability Tracing Office (ELTO) service and are making preparations for the loading of EL policy data on to the..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
P&I market report from Aon
With a continued improvement in claims trends and a restored investment performance, shipowners face the prospect of a benign protection and indemnity (P&I) renewal, according to Aon Risk Solutions.
General increases, the starting point for..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
Unions lobby over dangers of badly prepared shipping containers
The International Transport Workers’ Federation (ITF) is lobbying politicians, the European Union and other stakeholders on the dangers of badly prepared shipping containers. The ITF is highlighting the safety problems linked to overloaded,..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
HSE consultation on proposed changes to RIDDOR
The Health and Safety Executive (HSE) has opened a three-month consultation on proposed changes to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995. Changes to RIDDOR were recommended in the Young report on..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
Mobile phone study on brain impact
Mobile phones may have an effect on the brain, according to a US study, but the clinical significance of the effect was unknown, researchers said. The study by the National Institutes of Health in the US found higher sugar use in the brain after 50..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
No change to EU safety assessments of aspartame
The European Food Safety Authority (EFSA) has concluded two recent publications on the safety of artificial sweeteners do not give reason to reconsider previous safety assessments of aspartame or of other sweeteners authorised in the European Union...
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
ATRA issues warning over alternative litigation financing
The American Tort Reform Association (ATRA) has said third-party lawsuit lending “fundamentally shifts the focus of courts from promoting and administering justice to serving as a forum for investors to wager on lawsuits”.
ATRA made the..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
Differences in exposure of men and women to physical hazards
The exposure of women and men to physical hazards differs widely, according to the 5th European Working Conditions Survey from Eurofound. For instance, 33% of men but only 10% of women are regularly exposed to vibrations, while 42% of men but only..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
Oxford Insurance Brokers add to PI team
Oxford Insurance Brokers has announced two new additions to its UK professional indemnity team.
Tony Coleman will join the existing team in a senior business development role, responsible for developing Oxford Insurance Broker’s wholesale..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011
Brain Injury Group to launch in April
The Brain Injury Group, a network of specialist brain injury lawyers, is set to launch on April 6.
“We have had a superb response to our initiative and have some of the top brain injury specialists in the country coming on board,” Sally..
Online Published Date:
23 March 2011
Appeared in issue:
247 - 23 March 2011