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Higher costs from HSE’s fee for intervention scheme
Over 65% of organisations responding to a recent survey by law firm DAC Beachcroft expect to incur higher health and safety costs, now that the Health & Safety Executive’s (HSE) “fee for intervention” (FFI) scheme is in force...
Online Published Date:
09 November 2012
Appeared in issue:
267 - 09 November 2012
£60,000 for diffuse pleural thickening
A retired man who developed a debilitating lung condition after being exposed to asbestos more than 50 years ago has received £60,000 in an out of court settlement. He was diagnosed with diffuse pleural thickening. He was employed as a labourer..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Rylands v Fletcher strict liability rule
Where a party brought a claim relying on the strict liability rule under Rylands v Fletcher (1868) LR 3 HL 330, the claim being founded on an outbreak of fire said to be caused by another party having brought a “thing” on to his land..
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09 November 2012
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267 - 09 November 2012
£6 million care package for brain damage
A boy who suffered severe brain damage after midwives failed to recognise he was being starved of oxygen during his birth has received a £6 million care package to pay for his future care and rehabilitation. The boy has severe cerebral palsy..
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09 November 2012
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267 - 09 November 2012
EC proposes regulations on medical devices
The European Commission has proposed two Regulations “which are fit for purpose, more transparent and better adapted to scientific and technological progress,” covering medical devices and in vitro diagnostic medical devices.
The new..
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09 November 2012
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267 - 09 November 2012
£145,000 in compensation for facial damage
A man who has been left with a three inch scar on his face after a workplace accident has received more than £145,000 in compensation. He needed three operations, including reconstructive surgery, after he was hit in the face with a high..
Online Published Date:
09 November 2012
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267 - 09 November 2012
House of Commons supports H&S strict liability change
The House of Commons has voted in favour of a clause that will amend the Health and Safety at Work etc Act 1974 to remove strict liability in cases where there has been a breach of a statutory duty. The proposed change to civil liability is found in..
Online Published Date:
09 November 2012
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267 - 09 November 2012
US man wins million dollar lawsuit over “popcorn lung”
A man in the US has won millions of dollars in “popcorn lung” compensation after he developed respiratory problems as a result of inhaling fumes from microwave popcorn. The man claimed that his condition could have been avoided if the..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Increase in self-employed construction fatalities
Figures obtained by construction union UCATT show that there was a large increase in construction fatalities involving self-employed workers last year. In total there were 49 construction deaths in 2011/12 of which the Health and Safety Executive..
Online Published Date:
09 November 2012
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267 - 09 November 2012
£123,000 in compensation for lifting injury
A woman who was left in continuous pain and unable to do her job after she sustained an injury at work has received £123,000 in an out of court settlement. The woman suffered a serious and permanent soft tissue injury and neurological damage..
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09 November 2012
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267 - 09 November 2012
£1.26 million settlement for RTA brain injury
A young woman who sustained a serious brain injury in a fatal collision that claimed the lives of three others, has received £1.26 million in an out of court settlement. She was left with a catalogue of serious injuries when the car she was..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Blacklisted construction workers legal action
GMB, represented by Leigh Day, are preparing to take legal action on behalf of workers whose names have been unlawfully held on a blacklist, often because of their union activities. It has emerged that over 40 construction firms have subscribed to..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Hospital admissions for stress on the increase
Provisional figures from the Health and Social Care Information Centre (HSCIC) have revealed that hospitals in England dealt with 6,370 admissions for stress in the 12 months to May 2012, a 7% rise on the previous 12 month period (5,960). Admission..
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09 November 2012
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267 - 09 November 2012
£12,000 in damages for burn injury
A factory quality controller whose foot was badly burned has received £12,000 in an out of court settlement. He needed a skin graft from his hip to repair the skin on his ankle and foot after it was burned by boiling water mixed with caustic..
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09 November 2012
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267 - 09 November 2012
Munich Re warns over inflation in severe bodily injury claims
Munich Re is warning against the growing risk of inflation for severe bodily injury claims due to rising costs in the healthcare sector. Ludger Arnoldussen, member of Munich Re’s Board of Management, said “The huge increase in long-term..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Work related asthma not correctly diagnosed by GPs
A new report published in the scientific journal, Occupational Medicine, has found that many people who develop work related asthma are not correctly diagnosed by GPs. Work related factors cause one in ten cases of asthma in adults but an audit of..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Assigned Risks Pool applications remain low
Applications from solicitors firms looking to enter the Assigned Risks Pool (ARP) remain low for what is the final year of the “insurer of last resort,” the Solicitors Regulation Authority (SRA) has reported.
The ARP provides..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Cunningham Lindsey adds two to London Market Casualty business
Cunningham Lindsey’s Liability Services’ niche London Market Casualty (LMC) business has added two new members to the team. Specialist disease claims adjuster, Debra Smart, joins from Garwyn, and Assistant Manager, Andrea Keyworth, has..
Online Published Date:
09 November 2012
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267 - 09 November 2012
£425,000 damages for crushed arms
A man who sustained injuries in an accident at work has received £425,000 in an out of court settlement. He had worked for many years in the manufacturing industry and was experienced in operating the various machines involved. He was using a..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Research into PI markets in Australia, Canada and South Africa
New research from market research consultancy Finaccord, has revealed that competition among underwriters of professional indemnity insurance in Australia and Canada is at least as strong as in Europe’s more developed markets, while South..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Possible £10 million for brain damage
A hospital has agreed to pay brain injury compensation that could top £10 million after a man was left brain damaged after treatment as a baby in 1994. He was left with the mental capacity of a baby after receiving treatment at the hospital for..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Kennedys responds to discount rate consultation
Personal injury claimants put their damages into a mixed portfolio of investments and the Discount Rate should be set to reflect that, according to Kennedys. Responding to the Ministry of Justice’s consultation on the methodology to be used in..
Online Published Date:
09 November 2012
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267 - 09 November 2012
£1.5 million settlement for RTA injuries
A man who was left with a devastating brain injury following a road traffic collision nearly five years ago has received £1.5 million in an out of court settlement. He was driving to work when his car skidded on a patch of black ice and spun..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Solicitors Regulation Authority consultation on referral fee ban
The Solicitors Regulation Authority has launched its official consultation on its approach to enforcing the ban on referral fees in personal injury cases. The ban comes into force in April 2013 as part of the Legal Aid Sentencing and Punishment of..
Online Published Date:
09 November 2012
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267 - 09 November 2012
European Consumer Organisation on medical devices regulations
Laws governing medical devices are to undergo review the European Commission has announced. The plans will affect a huge range of products: from contact lenses to pacemakers, pregnancy test kits to high-tech medical equipment.
The European Consumer..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Shipowners’ Club announces 5% general increase
A developing trend in the number and quantum of higher value claims has led the smaller tonnage specialist the Shipowners’ Club to announce a general increase in premiums of 5% from 20 February 2013.
In its half-yearly report, Shipowners..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Higher education staff higher stress level than other workers
A new survey of 14,000 higher education academic and academic-related staff, carried out by the University and College Union (UCU) has found their stress level from intense workload is considerably higher than that of the general British working..
Online Published Date:
09 November 2012
Appeared in issue:
267 - 09 November 2012
Higher costs from HSE’s fee for intervention scheme
Over 65% of organisations responding to a recent survey by law firm DAC Beachcroft expect to incur higher health and safety costs, now that the Health & Safety Executive’s (HSE) “fee for intervention” (FFI) scheme is in force...
Online Published Date:
09 November 2012
Appeared in issue:
267 - 09 November 2012
£3,500 damages for exposure to fumes
A school science technician who was exposed to poisonous fumes after staff complaints about a poorly ventilated chemicals’ cupboard were ignored has received £3,500 in an out-of-court settlement. She was exposed to bromine fumes because..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Radioactivity report published in UK
The level of man-made radioactivity, to which people in the UK are exposed, remained below the EU legal limit during 2011, concludes the tenth Radioactivity in Food and the Environment (RIFE) annual report, published by the Food Standards Agency..
Online Published Date:
09 November 2012
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267 - 09 November 2012
APIL responds to discount rate consultation
Vulnerable people with serious injuries should not be forced to invest in volatile stock markets to ensure they have enough money to meet their future needs, according to the Association of Personal Injury Lawyers (APIL).
The Government is..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Court of Appeal: LLP member is not a worker
The Court of Appeal has held that a member of an LLP was not a worker and therefore unable to bring a whistleblowing claim. However, she was able to pursue her discrimination claim as she had a sufficiently strong connection with Great Britain, even..
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09 November 2012
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267 - 09 November 2012
“Missed opportunity” over searching old insurance records
Proposed new rules on how old insurance records are searched are a “missed opportunity” to ensure the industry honours its responsibility to sick and dying workers, the Association of Personal Lawyers (APIL) has said. APIL says new plans..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Commission welcomes appointment of new Chair
The Equality and Human Rights Commission has welcomed the appointment of Baroness Onora O’Neill of Bengarve as the Commission’s new Chair. Baroness O’Neill is a cross-bench peer in the House of Lords and was a former Principal of..
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09 November 2012
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267 - 09 November 2012
Compensation for injured cyclists
A cyclist who suffered serious skull fracture as a result of a Road Traffic Accident has been awarded £50,000 in compensation. He was not wearing a helmet. He made a full recovery and went back to work and cycling. He was left with some minor..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Court of Session affirms 2.5% discount rate
The Court of Session has rejected a challenge to the current discount rate of 2.5% in the case of Tortolano v Ogilvie Construction Limited, although the future for the rate at that level remains uncertain, according to a legal briefing from DLA..
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09 November 2012
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267 - 09 November 2012
£650,000 settlement for leg injury
A skip delivery driver who permanently injured his leg and ankle when he fell from his lorry has received £650,000 in an out of court settlement. After he climbed onto the back of his lorry to repair a faulty crane hook, he lost his footing and..
Online Published Date:
09 November 2012
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267 - 09 November 2012
£37,500 settlement for surgery error
An artist and illustrator who lost most of the movement in her arm after a doctor severed vital nerves during routine breast cancer tests has received a £37,500 settlement. The operation was meant to be a routine procedure but the mistake..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Government's "voluntary" three-way deal on employment rights
The Government has published a consultation setting out plans for a new employment status called an “employee owner.” The move will provide companies with a new option to increase the flexibility of how they hire people and help their..
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09 November 2012
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267 - 09 November 2012
£140,000 for pothole fall
A woman has received £140,000 after a seemingly innocuous fall led to more than five years of debilitating pain. She was walking towards the hotel where her daughter worked when she tripped in a pothole in the footpath and fell forward. She put..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Miller Insurance Services appoints D&O specialists
Colin West and Andy Brett, both specialists in the placement of directors’ and officers’ (D&O) coverage have joined broker Miller Insurance Services. West is a specialist in the placement of D&O, professional indemnity and crime..
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09 November 2012
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267 - 09 November 2012
CPR r 36.13(2) and Part 36 offers
CPR r 36.13(2) did not permit the court to be told the position as to a Part 36 offer and consequently go on to deal with the question of costs at the conclusion of the first part of a split trial.
The Queen’s Bench Division so held in..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Nanomaterials: Case by case safety approach
The European Commission has called for a case by case safety approach for breakthrough technology involving nanomaterials. The Commission said that nanotechnology is delivering major advances today and also has the potential to allow “game..
Online Published Date:
09 November 2012
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267 - 09 November 2012
10% Increase in General Damages – Revised Guidance from the Court Of Appeal
By Simon Denyer, Nigel Teasdale, and Fiona James, DWF
The Court of Appeal has revised its guidance issued back in July in Simmons v Castle [2012] concerning the implementation of the 10% increase in general damages, part of the interlocking package..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Amendments to Enterprise and Regulatory Reform Bill
New amendments to the Enterprise and Regulatory Reform Bill have been published by the Government, which said they would “help cut unnecessary red tape and take steps towards creating the right conditions for businesses to grow.”
The..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Lloyd’s concern about casualty claims
Casualty business remains a central area of concern for Lloyd’s performance management authorities, as an economic crisis-prompted lull in claims comes to an end, Insurance Day has reported.
According to Lloyd’s director of performance..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Swiss Re says liability insurance gaining in importance
A new Swiss Re sigma study has shown that the commercial insurance marketplace is leaning towards liability risks and high-growth markets. Liability insurance is gaining importance compared to property insurance in the rapidly changing mature..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Delay to 10% increase in general damages
The decision by the Court of Appeal to revise its original decision in the case of Simmons v Castle is a sensible outcome and is good news for consumers, businesses and the taxpayer, according to the ABI.
The ABI applied to re-open the judgment on..
Online Published Date:
09 November 2012
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267 - 09 November 2012
Landmark decision handed down in State of California v. Continental Insurance Co., et al.
By Jay Votta and Sallie Kraus, Ernst & Young
The California Supreme Court handed down its long-awaited decision in State of California v. Continental Insurance Co., et al. California Supreme Court No. S170560 (August 9, 2012). The ruling caps..
Online Published Date:
09 November 2012
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267 - 09 November 2012