i-law

Liability Risk and Insurance

Law firm negligent over mesothelioma claim
The widow of a miner has received £140,000 compensation after a firm of solicitors handled her husband’s asbestos related disease claim negligently. The miner died of mesothelioma, and a professional negligence claim against the..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Mesothelioma award for cold storage assembler
A former cold storage unit assembler has received substantial compensation after he developed mesothelioma. He was responsible for assisting in the construction of large refrigerator units for abattoirs, restaurants and food shops. The..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Litigation Trends Survey (UK and US)
Nearly one in three (31%) of businesses in the UK and US anticipate an increase in the number of legal disputes compared to 8% who say the total number of disputes is likely to decrease, according to a report published by global law firm Fulbright..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Compensation for slip and trip at work
A woman has received £16,000 compensation after she was injured in an accident at work. She worked at a call centre when the accident happened. She was walking along a corridor in the office when she slipped on cleaning materials that had been..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
£172,000 in compensation for mesothelioma death
The widow of a former electrician has been awarded £172,000 in compensation after her husband was exposed to asbestos at work. Her husband died of mesothelioma caused by exposure to asbestos. The former electrician was exposed to asbestos..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
£42,000 compensation for slip and trip
A woman has received £42,000 compensation after a fall in a public place left her with permanent injuries. She was walking along a public footpath when she tripped and fell having caught her foot in a pothole. As a result of the accident, she..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Finger fracture compensation
A man has received over £2000 compensation after he was injured in a work accident. He suffered the accident at work whilst employed as a glass cutter. He was bringing a scrap bin inside the factory and had to go through a gate. As he did so..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Faulty wine bottle cut hand
A man who was left with a painful hand injury after a faulty wine bottle smashed as he opened it, has received £2,500 in compensation from the supermarket where he bought the bottle. The bottle of La Comida red wine did not meet the basic..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Shopping centre slip and trip
A woman has received £1,900 compensation after she was injured in a fall at a shopping centre. She slipped and fell as a result of some chocolate ice cream which had been spilt on the floor. She had tried to stop herself from falling but..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Noise induced hearing loss damages
A woman has received a four-figure sum in compensation after suffering an industrial disease caused by noise exposure at work. She worked as a spinner in a textile mill from 1970 to 1972 and 1978 to 1980. She was exposed to excessive levels of..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Back injury in lift trip
A woman has been awarded compensation of £3,250 after injuring her back, hip and knee upon entering a lift. While working for the Secretary of State for Work and Pensions, the woman entered an elevator not realising that the floor of the lift..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
£32,000 damages for loss of eye
A plasterer who lost sight in one eye following an accident at work has secured £32,000 damages. He was a plasterer in the council’s maintenance services department. He was working outside a house shovelling small stones used below the..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Dumper truck driver wins damages
A steel fixer foreman who was severely injured after being catapulted from a dumper truck he was driving has been awarded compensation. He was driving a dumper truck whilst working for a construction company. As he drove the truck across the site,..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Compensation for cut leg
A woman has received £2,500 compensation after she was left with scarring in an accident at a Working Men’s Club. She had been attending a darts tournament at the club. It was club policy that all chairs are packed away at the end of an..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
£220,000 damages for broken arm
A production worker has been awarded £220,000 in compensation after an accident at work in which a defective drill broke her arm. She was unaware that the drill was broken. When she turned it on, it kicked back and struck her right arm...
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Damages for pothole trip at work
A nursery nurse who was injured when she tripped over in the car park at her workplace has been awarded £3,750 in damages in an out of court settlement. She was walking to her car after work when she fell over a pothole and injured her ankle...
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
£70,000 in mesothelioma compensation
A former asbestos worker has received £70,000 in compensation after he was diagnosed with mesothelioma. The man was awarded compensation after he was exposed to asbestos while working as a lagger. Within just 19 weeks his lawyers had secured a..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Bicycle hit by car
A man has been awarded £15,000 for the injuries he sustained in a road traffic accident when he was knocked off his bicycle by a car. He was riding his bicycle around a roundabout when he was struck and injured by a motor vehicle. He suffered..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Pleural thickening and pleural plaques award
A maintenance electrician has been awarded £20,000 after he developed pleural thickening and pleural plaques as a result of exposure to asbestos. His duties as a maintenance electrician took him to various sections of the car manufacturing..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Bones broken in fall
A technical electrician has been awarded £22,000 after he broke his thigh bone and fractured his wrist in a fall. He was investigating the cause of a power failure when the injuries occurred. He was in the process of testing various supply..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
£25,000 for step ladder fall
A plumber has been awarded £25,000 after he sustained serious injuries to his shoulder and arm in a fall from step ladders. He was carrying out a repair using a set of light weight aluminium step ladders to access the area requiring attention..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Serious back injury wins compensation
A composite moulder for an aerospace firm has been awarded £225,000 for a serious back injury he sustained whilst building the wing of an aircraft. He was guiding the manoeuvre of a mould of the aircraft wing flap for an A340 aircraft when the..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Slip and trip award from council
A woman has received £3,500 compensation in a claim against the council after she was injured in a fall in a public place. She was walking along a street when she went to cross a busy road. As she went to cross the road she tripped on the base..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Mesothelioma damages of £110,000
A man who worked at a food factory has been awarded £110,000 after he developed mesothelioma. The factory was previously a chemical factory. Miles of pipework used for hot water lagged with asbestos had to be removed in a major renovation..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
£250,000 for occupational dermatitis
A production worker has been awarded £250,000 after he developed occupational dermatitis. He began to suffer from the condition after he was transferred to the marker section at the company. His duties involved the bonding of paper with pf..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Asbestosis damages for panel beater
A welder and panel beater has been awarded £42,500 after developing asbestosis. He regularly undertook rectification work when there was damage to parts of the vehicles. In his early days of his employment with the company he had to repair the..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Fall at DIY store
A woman has received £4,000 compensation after she was injured in a fall at a DIY store. She had parked her car in the car park and walked towards the entrance when she caught her foot in a plastic tie rope used to wrap around boxes to secure..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
£50,000 damages for mesothelioma death
The family of a paint chemist has been awarded £50,000 following his death from mesothelioma. The deceased began work as a paint technician and finished it as a paint chemist working in the laboratory. The main focus of his work was to test..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
£195,000 for mesothelioma death
The widow of a man who worked as a maintenance electrician at hospitals for almost forty years has been awarded £195,000 following his death from mesothelioma. In the course of his duties at the hospital sites from 1964 until 2003 the member..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Age discrimination landmark ruling
Trade union Unite has secured what it describes as a landmark ruling from the High Court in one of the first cases on age discrimination to be considered by the courts. The company involved sought to argue that taking long service into account when..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Possible contributory negligence
When a person who was an addict suffered a seizure while he was in custody as a result of withdrawal from addiction, and then fell and suffered injury, regard was to be had, when considering the claimant’s possible contributory negligence and..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Psychiatric injury caused by excessive stress
The appellant employer appealed against a decision that it was liable to the respondent employee for psychiatric injury negligently caused by excessive stress in the course of her employment. The employee had been employed by the company for..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Radiation exposure from energy saving lightbulbs
New research by the Health Protection Agency has shown that some energy saving compact fluorescent lights can emit ultraviolet radiation at levels that, under certain conditions of use, can result in exposures higher than guideline levels. The..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Federal agencies “undermine consumer protections”
Multiple US federal agencies were repeatedly ordered to usurp state law and undermine consumer protections, according to documents obtained through repeated FOIA requests by the American Association for Justice (AAJ). The documents detail how..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Allergic skin disorder caused by mobile phones
Doctors are being warned to be alert to a new allergic skin disorder, caused by mobile phones, according to the British Association of Dermatologists. A new phenomenon called “mobile phone dermatitis” has been discovered, in which..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Warning over exposure to hazardous substances
Exposure to hazardous substances at work can cause serious long-term health problems, Norwich Union has warned. As part of its latest Simply Safety campaign, the insurer is urging employers to pay attention to the level and duration of exposure to..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Tradesmen and asbestos-related diseases
Figures issued by the Health and Safety Executive have revealed that every week 20 tradesmen die from asbestos-related diseases, and this number is set to increase. Former tradesman and England and Arsenal footballing legend, Ian Wright, has given..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Effects of cigarette smoke exposure on infants
Two new studies, published in The Journal of Pediatrics, have examined several physical and behavioural effects of cigarette smoke exposure on infants. In an attempt to understand the relationship between maternal smoking and certain birth defects,..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Dutch call for action on nanomaterials
Holland’s main central labour body, the FNV, has called on the Dutch Labour Minister to introduce specific preventive measures for workers exposed to nanomaterials. “The FNV cannot accept the existing indistinctness on the protective..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Permanent hearing damage from personal music players
Listening to personal music players at a high volume over a sustained period can lead to permanent hearing damage, according to an opinion of the EU Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR). The scientific..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Good grief! Pantsuit case appealed again
He’s off again! Yes, tort lawyer and former judge Roy Pearson has reportedly pursued yet another appeal of his infamous $54mn “pantsuit” in the DC Court of Appeals. Judge Pearson’s now notorious lawsuit was against the..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
US study into discovery process
A study, sponsored by the US Chamber Institute for Legal Reform, has found that the discovery process is overly expensive and being abused. On average, 45-50% of respondents’ civil litigation costs in 2007 related to discovery activities. The..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Warning over lawsuit-expanding legislation in US
If plaintiffs’ lawyers convince the next Congress to enact massive lawsuit-expanding legislation next year, the added costs will slow America’s economic recovery, according to speakers at the 9th Annual Legal Reform Summit hosted by the..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Scottish Parliament’s Justice Committee on pleural plaques bill
The Scottish Parliament’s Justice Committee has welcomed measures to ensure that people diagnosed with pleural plaques will continue to be able to claim damages. Publishing its report, the committee recommended support for the Damages..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Fall in employees at Health and Safety Executive
Health and safety enforcement in Britain is withering away and Scotland has been hit particularly hard, according to new statistics. Figures obtained by the University of Stirling’s Occupational and Environmental Health Research Group (OEHRG)..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
HSE statistics on injuries and ill-health
New statistics published by the Health and Safety Executive (HSE) have revealed a reduction in the numbers of people killed, injured or made ill by work during 2007/08. Reported major injuries at work fell by around 9% since the start of the decade..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Airline insurance market hardens says Willis
The October renewals witnessed thus far have demonstrated further hardening in the airline insurance market, according to the latest Willis Airline Insurance Insight. There is uncertainty in the market regarding the extent of the hardening the..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Novae Syndicates appoint D&O team
Novae Syndicates Limited has appointed Janet Edey and Matthew Carr jointly to head its Syndicate 2007 management liability unit. Between them they have over 35 years’ experience of underwriting directors’ and officers’ insurance..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Citizens Advice on Employment Tribunal loophole
A report from national charity Citizens Advice has exposed what it describes as a “shameful flaw” in the Employment Tribunal system which means that as many as one in ten of all successful claimants don’t receive their monetary..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
TUC survey reveals workers’ safety concerns
Stress or overwork, injuries and illnesses caused by the poor use of display screen equipment, and repetitive strain injuries (RSI) top the list of workers’ safety concerns, according to the TUC’s biennial survey of safety reps. Three..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
In-car technology distractions
Almost half of drivers are seriously distracted by in-car technology while on the road, an RAC survey has found. As many as 55% of those aged 17 to 24 have their attention taken from driving, with radios and CDs the top distractions. About a third..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Latest C difficile figures for England
Most recent C difficile figures for England show that between April and June 2008 there were 8,683 cases recorded in patients aged 65 years and over. This represents a fall of 18% in this age group from the previous quarter, January to March 2008,..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
New liability underwriter for Brit Insurance
Brit Insurance Holdings has announced the appointment of Darren Mallett as liability underwriter. He joins the Group’s Brit UK Division and will report to London Region underwriting manager Bernard Milford-Cottam. Mr Mallett joins Brit..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Brit launches absence management and rehabilitation service
Brit Insurance Holdings PLC has announced the launch of the Brit Absence Management and Rehabilitation service. In recognition of the major benefits that rehabilitation can bring to its commercial clients, Brit Insurance said it is making this..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Scotland creates new health and safety prosecution division
In Scotland, the Lord Advocate, the Rt Hon Elish Angiolini QC, has announced the creation of a dedicated, specialist Division for the investigation and prosecution of all cases which are reported to the Procurator Fiscal by the Health and Safety..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
New two tier tribunal system launched
The Government has launched two new tribunals, consisting of a First-tier and an Upper Tribunal. This is part of a radical overhaul of the tribunals’ structure designed to strengthen the system and achieve improved and consistent standards..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Tougher penalties for health and safety law breakers
New legislation, the Health and Safety Offences Act 2008, which will increase penalties and provide courts with greater sentencing powers for those who flout health and safety legislation, is bow on the statute books and will come into force in..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
A new bank holiday? Yes please.
Stressed workers? Forget expensive stress management programmes, the TUC has come up with a much better plan - a new bank holiday. The TUC and some of the UK’s leading voluntary organisations, have called for a new bank holiday “to..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Monthly Quota
..
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008
Treat with contempt - claimants who exaggerate their claims risk serious punishment
By Kate Prestidge, solicitor, and Richard West, partner, Kennedys
Online Published Date:  19 November 2008
Appeared in issue:  219 - 01 November 2008

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