i-law

Liability Risk and Insurance

Law Society responds to European Court of Human Rights’ consultation
The Law Society has participated in a series of consultations with the UK Government to improve the effectiveness of the European Court of Human Rights, but said attempts to screen cases going to the court will undermine its credibility across the..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Most European Human Rights rulings not against UK government
Research released by the Equality and Human Rights Commission shows that just a tiny minority of rulings by the European Court of Human Rights are against the UK government. The research shows that of the nearly 12,000 applications brought against..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Study into role of occupational carcinogens on lung cancer
An Italian study into exposure to occupational carcinogens has highlighted the substantial role of certain carcinogens on lung cancer. The study, “Impact of occupational carcinogens on lung cancer risk in a general population,” was..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
ABI calls for end to UK's "pain in the neck" culture
It’s all hotting up when it comes to whiplash. Insurers are stepping up the pressure for change, driven by the increasing level of claims, many of which cannot be independently proven. The Association of British Insurers has decided that..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Supreme Court in first judgements on age discrimination
The Equality and Human Rights Commission has said it believes the first judgements handed down by the Supreme Court on age discrimination will remind all employers of their responsibilities and help make the law clearer. “Age discrimination is..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Doctors urged to explore work causes of asthma
New guidance produced by the Royal College of Physicians (RCP) has called on doctors to explore the potential job-related causes of asthma when diagnosing patients. An estimated one in six cases of asthma in people of working age is either caused or..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Call for assessment of new coins’ allergy risk
In a letter published in the British Medical Journal, a group of consultant dermatologists have called for allergy risk from Royal Mint’s new nickel plated steel coins to be publicly assessed. The Treasury is introducing Royal Mint nickel..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Survey reveals extent of teachers hit by stress
Four in ten education staff have been to the doctor and a quarter have taken sick leave from work within the current academic year because of the pressure of their job, according to a survey conducted by the Association of Teachers and Lecturers..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
New president for Association of Personal Injury Lawyers
The Association of Personal Injury Lawyers (APIL) has announced that Karl Tonks, head of employers’ liability at Fentons Solicitors, has become the new president of APIL. He takes over from David Bott of Bott & Co. Matthew Stockwell, a..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Law Society criticises SRA on compensation fund for uninsured firms
The Law Society has said that the Solicitors Regulation Authority’s (SRA) decision to burden the Compensation Fund with professional indemnity insurance cover for uninsured firms should be rejected by the Legal Services Board. In its 2012..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
TUC concerns over unfair dismissal changes
The TUC is concerned that the change in the law in which the qualifying period for protection from unfair dismissal has increased from one year to two years will also increase job insecurity, discriminate against younger workers, part-time women..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
European Occupational Safety and Health Survey
By European Agency for Safety and Health at Work Job-related stress is a concern for the large majority of the European workforce, according to the 2nd European Opinion Poll on Occupational Safety and Health. The survey, conducted by Ipsos MORI on..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
£50,000 settlement over freezer trauma
A coffee shop worker who was left traumatised after collapsing unconscious inside a walk-in freezer has received £50,000 in an out of court settlement. He was asked to fetch some food from a basement freezer. He couldn’t find the..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Government delays mesothelioma no win, no fee reforms
The government has agreed to delay the implementation of reforms to no win, no fee cases relating to a mesothelioma victim seeking damages. The Law Society said this “welcome, albeit minor concession,” was in response to pressure from..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Employment tribunal changes come into effect
Employment tribunal changes have come into effect that will “make it easier for businesses to take on staff, and improve the process when staff have to be let go,” according to the Government. It said it has streamlined employment..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Government launches Pothole Review
Local authorities across England have been given advice on how to tackle the problem of potholes on their roads following the publication of a review commissioned by Local Transport Minister Norman Baker. The Pothole Review – part of the..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
New scheme takes off to cut airside accidents
A new scheme has been launched which aims to reduce the number of injuries suffered by airport operational staff. A training course for supervisors and managers in the aviation sector, accredited by the Institution of Occupational Safety and Health..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
£430,000 in damages for RTA widow
The widow of a motorcyclist who died in a road traffic accident has received £430,000 in compensation. He had been riding his motorbike when a car pulled out into his path. The widow’s lawyer secured secured an interim payment of..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
£60,000 in compensation for leg injury
A pensioner has received £60,000 in compensation after a freak accident left her unable to walk without assistance. She was sitting down in the back seat of the vehicle when the driver accidentally accelerated into a tree. She sustained a..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
£7.4 million award for serious medical misdiagnosis
A girl has received £7.4 million after a misdiagnosis caused her to lose her hands and feet. The girl was just two-years-old when she had to have large parts of all four limbs amputated after she contracted meningococcal septicaemia. Her claim..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
£10.8 million in clinical negligence compensation
A young girl left with cerebral palsy at birth has received £10.8 million in clinical negligence compensation. It is reported to be one of the highest clinical negligence compensation settlements in British legal history. The girl developed..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Over £1million in compensation for birth brain injury
A six year old girl who had been left severely brain damaged at birth has received a lump sum of just over £1 million in compensation. She was effectively stillborn following delays in her delivery. She was able to be resuscitated but she had..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Court of Appeal on claim for age discrimination
For the purposes of a claim for age discrimination under regulation 3 of the Employment Equality (Age) Regulations 2006, where an employer gave notice of dismissal to an employee on the grounds of redundancy, it was a legitimate part of the aim of..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
£475,000 of court settlement for loss of sight in one eye
A welder who was left blind in one eye following an accident at work has received £475,000 in an out of court settlement. The man was working in a ship repair yard when the accident occurred. He was carrying out repairs in the marina where he..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Scottish Conservatives propose Apology Bill
A proposed Apology Bill, being brought forward by the Scottish Conservatives, aims to bring closure to families and individuals who have been wronged by public bodies like the NHS or local authorities. Scottish Conservative Central Scotland MSP..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Willis Marine Market Review: Protection and Indemnity (P&I) Renewal at February 20, 2012
As anticipated in the December Willis P&I Review, despite the relatively modest announced general increases, the renewal at February 20, 2012 was disproportionately confrontational, protracted and on average concluded far later than..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Increase in mesothelioma statutory compensation
The Government has announced an increase in the amount of statutory compensation available to victims of mesothelioma. According to Lesley Mynett, a partner with Fentons Solicitors, the move will make an enormous difference to those victims who have..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Thatcham Research says engineering can prevent whiplash
Thatcham Research has said that engineering holds the key to addressing the UK’s whiplash epidemic, through the continued introduction and availability of Advanced Driver Assistance Systems (ADAS) to prevent and mitigate accidents. Head of..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
HSE injury reporting requirement increased to seven days
Employers no longer have to report to the Health and Safety Executive (HSE) injuries which keep workers off normal duties for seven or fewer days. Previously, injuries had to be reported if they keep workers off normal duties for more than three..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
£54,000 in compensation for slip shoulder injury
A physiotherapy technical instructor who needed two operations after her shoulder was dislocated in a workplace accident has received £54,000 in compensation. She had to take early retirement following a fall at a school whilst she was working..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Willis Aerospace - Aviation Products Market Review
The airline and aviation manufacturing insurance markets turned a profit in 2011 following one of the safest years in recent times in terms of numbers of losses and passenger fatalities, according to Willis Aerospace. However, conditions were more..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Berrymans Lace Mawer appoints new personal injury team
Berrymans Lace Mawer has appointed new partners Nick Rogers and Richard Williams to the personal injury team in Southampton. They joined from local firm Lamport Bassitt, where Rogers was head of insurance litigation. Joining them will be a team of..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
£20,000 in compensation for scaffold fall
A fitter who fell half way through a hole 70ft in the air on a scaffolding platform has received £20,000 in compensation. The 64-year-old was working for a contractor when he put his foot into a hole in the scaffolding platform which had been..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
£34,000 in out of court settlement for ski injury
A skier who suffered severe damage to her leg when a snowboarder ploughed into her on a French mountain has received £34,000 in an out of court settlement. As she stood on the piste, she was struck and thrown to the ground when a snowboarder..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
P&I Club launches fishing vessel safety guide
Mutual insurance provider The Shipowners’ Club, has produced a comprehensive handbook “Fishing vessel safety” highlighting areas in which crew members can become more safety aware, while assisting crew and owners alike to recognise..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
£5,000 in compensation for road traffic accident
A woman who was injured in a road traffic accident has received £5,000 in compensation. She was a back seat passenger in a taxi that was hit by another vehicle. In the accident, she was thrown sideways and shattered with broken glass as the..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Tribunal awards £200,000 in compensation for disability discrimination
An employment tribunal has awarded £200,000 in compensation to a former soldier blinded in action on the grounds of discrimination. He was left without sight in both eyes when an IRA bomb went off in close proximity to him while he was serving..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Lack of voice training for call centre workers
One in four call centre agents suffer voice problems because managers are failing to properly protect their health, according to a study from the Institution of Occupational Safety and Health (IOSH) The study found that call handlers had suffered..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
£75,000 in compensation for mesothelioma victim
The family of a maintenance worker who died from mesothelioma has received £75,000 in compensation. He worked at the Chase Manhattan Bank (now a part of the J P Morgan Group) in Moorgate. He was required to saw asbestos boards which released..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Occupational exposure to asbestos in heart attack link
A study by the Health and Safety Executive has suggested that occupational exposure to asbestos is associated with death from cardiovascular disease. The study, “Cardiovascular disease mortality among British asbestos workers..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
£295,000 settlement for motorbike accident
A motorcyclist who suffered serious leg injuries in a head-on collision has received £295,000 in compensation in an out of court settlement. He was riding his motorbike when a car suddenly turned right and cut across his path, giving him no..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
£10,000 in compensation for slip and trip
A UK Border Force worker who slipped and suffered an injury because he hadn’t been provided with much-needed replacement work boots has received £10,000 in compensation. Just a week before the accident he had written to bosses saying he..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Oxford Insurance Brokers launches fee recovery service
Oxford Insurance Brokers Limited (OIB) has launched a “bolt on” fee recovery service as part of its professional indemnity insurance. OIB has partnered with a firm of London based solicitors, with experience in professional liability and..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Study underestimates cost of occupational illness and injury in US
The US National Institute for Occupational Safety and Health (NIOSH) has said in an online blog that a recent study underestimated the cost of occupational illness and injury in the US. The recent study, entitled “Economic Burden of..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Marine Market Review from Willis
After an inauspicious start, 2012 will be another difficult and uncertain year for the maritime industry faced with the aftermath of the Costa Concordia, further problems in the Euro zone, pirate attacks and increased sanctions, according to Willis..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Another report finds no evidence for mobile phone health risk
A new report by the Health Protection Agency’s independent Advisory Group on Non-ionising Radiation (AGNIR) has concluded that there is still no convincing evidence that mobile phone technologies cause adverse effects on human health. The..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
£115,000 out of court settlement for mesothelioma victim
The widow of a man who died from a mesothelioma after being exposed to asbestos has received £115,000 in an out of court settlement. He was employed as a pipe-fitter and welder working at various sites across London. His job involved working..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Crane Driving Conditions Not Causative
By Helen Jones, Berrymans Lace Mawer LLP This group action (Barratt, Willock, Nicholas & Price v Corus UK Ltd) examines whether an employer is in breach of Equipment Regulations and Common Law if it does not force improvement measures..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
MDU says apology not an admission of negligence
Doctors can and do apologise to patients, said the Medical Defence Union (MDU), in response to a proposal to introduce an apology Bill by the Scottish conservative party. Responding to the proposal, which aims to assist public bodies like the NHS to..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Obese women face discrimination in job applications
Obese women are more likely to be discriminated against when applying for jobs and receive lower starting salaries than their non-overweight colleagues, according to a Study led by The University of Manchester and Monash University, Melbourne. The..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Criminal Injury Compensation Scheme extended for terrorism victims
Lawyers who represent victims of terrorist attacks across the globe have welcomed legal changes which they say will help victims and their families gain access to vital financial support. Justice minister Crispin Blunt has confirmed in a written..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Acas tackles taboo of mental ill-health at work
Work expert Acas has launched its first guide to tackle what it describes as “the last taboo in business” - mental illness at work. Acas points out that it is a fast-growing problem, particularly with workers becoming increasingly..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Court of Appeal decision on equal pay claim
An employer had no defence to an equal pay claim where its reason for a differential in payment between female and male employees was that the male employees had attracted a bonus for productivity when at the material time the link between..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011
Guy Carpenter publishes European liability report
Guy Carpenter & Company has published its semi-annual report on key legislative developments in Europe affecting liability insurers and reinsurers. A number of these developments underscore the challenges in adapting local legislation and..
Online Published Date:  15 May 2012
Appeared in issue:  261 - 15 May 2011

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