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Employment tribunal and employees working overseas
An employment tribunal could consider a claim for unfair dismissal by an employee who worked overseas if the connection between the employment relationship and Great Britain was sufficiently strong to show that that could be justified.
The Supreme..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
Sexual orientation discrimination claim upheld in Court of Appeal
The Equality and Human Rights Commission has successfully defended an appeal in the Court of Appeal against a ruling in the County Court which found that hotel owners had directly discriminated against a gay couple.
The owners appealed against the..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
Disproportionate personal injury claims costs highlighted
The issue of disproportionate costs in personal injury claims was brought to the fore recently in a case, Simcoe v Jacuzzi UK Group, before the Master of the Rolls, Lord Neuberger. The case saw damages of £12,750 and claimant costs of..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
£370,000 out of court settlement for RTA
A pedestrian who suffered a significant brain injury when she was struck by a car while crossing a road near her home has received £370,000 in an out of court settlement. She was almost across a clearly marked pedestrian crossing when the..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
Forum of Insurance Lawyers on clinical negligence claims
The Forum of Insurance Lawyers (FOIL) has said that there is “little doubt” that conditional fee agreements have caused an increase in the number of clinical negligence claims, and this has been compounded by the activities of claims..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
£1.5 million in damages for RTA victim
A man who suffered brain damage and multiple serious injuries following a head-on collision with a car, has received £1.5 million in damages in an out of court settlement. He had been travelling home on his moped when a car overtaking in the..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
£211,000 in compensation for hip injury
A bakery worker who suffered a serious accident at work, which has left him disabled, has received £211,000 in compensation. He was initially offered just £69,000 for his injuries by his employer’s insurer after he attempted to..
Online Published Date:
08 March 2012
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259 - 08 March 2011
Disability discrimination claims dismissed by Appeal Court
The Court of Appeal’s dismissal of two discrimination claims has narrowed the rights of disabled people when flying, according to the Equality and Human Rights Commission. The Commission is considering taking the cases to the Supreme..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
Date from which interest runs on award of costs
The date from which interest ran on an award of costs in the county court in favour of a successful litigant was, by reason of article 2 of the County Court (Interest on Judgment Debts) Order 1991, the date the order for costs was made, not the date..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
£220,000 in damages for holiday injury
A holidaymaker who broke her shoulder in several places when the deck of a boat she was boarding gave way beneath her, has received £220,000 in damages in an out of court settlement. She had to have a half-shoulder replacement operation..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
£5.6 million in compensation for brain damage at birth
A young girl who suffered brain damage at birth has been awarded £5.6 million in compensation in a High Court settlement. She was starved of oxygen at birth. Her mother had a placental abruption, which is where the placenta has come away from..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
Medical negligence settlement after birth injury
A multi-million pound medical negligence settlement has been awarded after an accident at a hospital left a girl blind and only able to feed through a tube. She was starved of oxygen during her birth and has been left with a severe case of cerebral..
Online Published Date:
08 March 2012
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259 - 08 March 2011
BAR COUNCIL REPORT ON CONTINGENT LEGAL AID FUNDS
The Bar Council has published a report it commissioned from economic consultants Europe Economics, which has found that the concept of Contingent Legal Aid Funds (CLAF) has merit and should be taken forward as one of a number of sources of potential..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
Award of £2.6 million plus annual payments over birth injury
A boy who sustained brain damage after complications during his birth has received a settlement estimated to be around £10 million. His mother should have been referred to an obstetrician when it was found that his estimated weight was 8lbs at..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
£68,000 in compensation for Carpal Tunnel Syndrome
A track maintenance worker who developed a debilitating condition in his hands from using vibrating tools during 12 hour shifts for Network Rail has received £68,000 in compensation.
He had to give up his work on the railways after developing..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
£9,000 for hospice in mesothelioma claim
A hospice which cared for a shipyard worker with mesothelioma during his final days has been helped by the family making a compensation claim against his former employers. Thompsons Solicitors secured more than £9,000 for the hospice, on..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
Sexual orientation discrimination tribunal claim upheld
An Employment Appeal Tribunal has upheld that law firm Bivonas LLP discriminated against a lawyer on the basis of sexual orientation. The Equality and Human Rights Commission funded the lawyer’s defence against the law firm’s appeal.
The..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
Garwyn Group calls for quicker assessment of liability claims
Liability adjuster Garwyn Group has said it is supporting Prime Minister David Cameron’s resolution to reverse the “blame-recrimination-compensation” cycle, but said it believes the workplace claims culture can only be tackled if..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
Over £8 million for RTA head injury
A young woman who was left with very serious brain damage following a devastating head injury has settled her case for more than £8 million. The settlement includes a £3 million lump sum, together with annual payments of £250,000 to..
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08 March 2012
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259 - 08 March 2011
SOLVING DISPUTES IN THE COUNTY COURTS - A consultation on reforming civil justice in England and Wales: The Government Response
Foreword by Kenneth Clarke, Lord Chancellor and Secretary of State
“Our aim is to deliver a system that prevents the unnecessary escalation of disputes before cases reach the court room; where courts offer quicker and more efficient services..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
£14,500 settlement for shoulder injury
A man who had his building career ended after permanently injuring his shoulder has received £14,500 in an out of court settlement. He was working as a contract labourer helping to refurbish the outside of a house. He was given a step ladder so..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
£40,000 in damages for botched operation
A woman has been awarded £40,000 in damages in an out of court settlement after being left with permanent disabilities following a hysterectomy operation which caused a perforated bowel. Her wound failed to heal and after 18 months she was..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
GPs report increase in fraudulent injury claims
Research by LV= car insurance has revealed that almost two thirds of GPs (60%) said they have seen an increase over the last two years in the number of patients they believe are feigning and exaggerating injuries in an attempt to make a fraudulent..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
£250,000 in an out of court settlement for knee injury
A man who suffered a knee injury when a car crashed into his motorcycle has received £250,000 in an out of court settlement. He was thrown from his bike when the car pulled out of a side road into his path, and he was knocked unconscious. He..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
£28,000 in compensation for scaffold fall
A self-employed contractor who fell from a faulty scaffolding platform, breaking his hip and leg, has received more than £28,000 in compensation. He hadn’t been trained to work at height. As he measured up a wall for an extension he..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
Landmark ruling over mesothelioma award to 90 year old
Mesothelioma sufferers in their 80s and 90s have been given hope that they could still be entitled to substantial compensation following a landmark court ruling, according to Fentons Solicitors.
The Royal Courts of Justice awarded £50,000..
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08 March 2012
Appeared in issue:
259 - 08 March 2011
£750,000 in compensation after RTA
A woman has been awarded £750,000 in compensation after she sustained brain damage when she was hit by an out of control truck. She sustained serious injuries when a truck veered off the road and onto the pavement, crashing into a wall. She..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
Tribunal fees will reduce tribunal litigation, say UK employers
A survey by law firm Eversheds has found that 79% of UK respondent employers feel that introducing employment tribunal fees will help reduce tribunal litigation. The survey canvassed the views of over 600 UK employers, across a range of industry..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
Legal organisations suggest amendments to LASPO Bill
Three leading legal organisations have joined forces to suggest to the Government how its proposals for reform of the civil litigation system in England and Wales could be improved to protect injured victims. The legal bodies’ proposals, which..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
Government statistics show length of civil cases
The Government has said that a new set of court statistics supports the case for a comprehensive reform programme across the justice system. For the first time, the regular quarterly court statistics show the average duration of civil cases at every..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
Tribunal fees will reduce tribunal litigation, say UK employers
The Government has announced what it describes as “the most radical reform to the employment law system for decades.” Business Secretary Vince Cable announced the reform during a speech to EEF, the manufacturers’ organisation,..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
ABI calls for reduction in fixed legal fees
The Association of British Insurers has said it is time to put a brake on the UK’s “exorbitant” legal bill. The ABI said legal fees in settling motor personal injury claims now cost UK consumers £1,666 every minute, which the..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
Government responds to Solving Disputes consultation
The Government has said that individuals and businesses will find it cheaper, quicker and less daunting to resolve their disputes in civil courts, through new measures set out in the government’s response to the consultation Solving Disputes..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
Call for Solicitors Regulation Authority to extend run off scheme
The Law Society is lobbying the Solicitors Regulation Authority (SRA) to extend a scheme that provides solicitors’ professional indemnity insurance (PII) run-off cover.
Currently, run off cover under solicitors’ compulsory PII policy is..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
Law Society opposes increased court fees
The Law Society has criticised government proposals to increase fees in the high court and court of appeal civil division. “It is essential that litigants are not deterred from accessing the civil justice system by inappropriate fee..
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08 March 2012
Appeared in issue:
259 - 08 March 2011
Asbestos in schools report by All-Party Parliamentary Group
The All-Party Parliamentary Group on Occupational Safety and Health has published a report, “Asbestos in schools: the need for action” which highlights the dangerous levels of asbestos that can be found in Britain’s schools.
More..
Online Published Date:
08 March 2012
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259 - 08 March 2011
APIL supports apologies for medical injuries
All patients injured in medical blunders should receive an apology from the person who harmed them, according to the Association of Personal Injury Lawyers (APIL). The Association has welcomed the Department of Health’s consultation on plans..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
Metal-on-metal hip replacements to be monitored for life
The Medicines and Healthcare products Regulatory Agency (MHRA) has issued updated advice to surgeons that patients with a particular type of metal-on-metal hip replacement should be monitored annually for the life of the hip replacement. Around two..
Online Published Date:
08 March 2012
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259 - 08 March 2011
Warning for schools from asbestos trade union campaign group
A national asbestos trade union campaign group has urged the Government to “put the health of children and school staff first, and abandon its plans to make the governors of all state-funded schools responsible for the health and safety of..
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08 March 2012
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259 - 08 March 2011
Government and insurance industry agree measures
The Prime Minister has met with the insurance industry, consumer and business groups to discuss the rising premiums that many drivers, families, consumers and businesses are facing, and the action that the Government is taking to help bring these..
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08 March 2012
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259 - 08 March 2011
Coverbox says telematics can help with whiplash issue
Telematics-based car insurer Coverbox has explained that technology which can measure the level of impact in traffic accidents, and help determine the likelihood of whiplash injuries, is already installed in thousands of vehicles insured by..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
S&P keeps stable outlook for International Marine P&I
Standard & Poor’s Ratings Services has revealed that its outlook for International Marine Protection and Indemnity (P&I) is stable, underpinned by S&P’s view of its strengthened capital. However, risks to capital are..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
ABI welcomes increase in limit for fast track motor claims
The Association of British Insurers (ABI) has welcomed the Government announcement that it will extend the claims limit for settling personal injury motor claims from £10,000 to £25,000. This will mean faster compensation pay-outs for an..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
Compensation pay-outs by police total £12million in last five years
Freedom of Information requests have reportedly revealed that compensation pay-outs by police that have totalled more than £12 million in the last five years. Freedom of Information requests to the 43 police forces in England and Wales plus the..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
Legal reforms to transform insurance business models
New rules affecting the ownership of law firms will transform business models across the insurance sector, according to Deloitte.
In its latest Insurance Market Update, Deloitte said that changes to rules on ownership of legal firms –..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
IFAs should expect big PI insurance rises
Independent financial advisors should prepare for rises of 50%, or even more, on their professional indemnity insurance, according to broker IFA Solutions. Jamie Newell, managing director of IFA Solutions, said that he has already seen significantly..
Online Published Date:
08 March 2012
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259 - 08 March 2011
Which? Says PPI redress totalled £1.9 billion in 2011
Redress paid to customers complaining about the sale of payment protection insurance totalled nearly £2 billion in 2011, according to Which?. The consumer organisation pointed to the release of monthly figures by the Financial Services..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011
Concordia passengers advised against accepting settlement
Fentons Solicitors has advised passengers of the cruise ship Costa Concordia against accepting any offers of settlement so soon after the incident. Katherine Allen, head of the Travel and International Litigation department at Fentons Solicitors..
Online Published Date:
08 March 2012
Appeared in issue:
259 - 08 March 2011