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“Collective Redress” in Europe: Not Quite There Yet
by Maria Martinez, Chadbourne and Parke
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Monthly Quota
“It is time that the fear of compensation culture is consigned to history once and for all. The fact is that individual teachers do not get sued because their employer holds public insurance liability and prosecutions for gross negligence are..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Call for EL insurance database
The Government’s latest attempt to cut red tape for businesses is bad news for sufferers of slow-developing industrial diseases like mesothelioma, a plaintiff lawyer has warned.
From 1 October 2008, employers will no longer be legally..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Willis Re forms P&I reinsurance team
Willis Re has announced the formation of a Protection & Indemnity (P&I) and Marine Mutual Reinsurance team, and appointed a managing director and three new executive directors to the group. The new unit is part of Willis Re’s..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Brit appoints PI underwriter
Brit Insurance has announced the appointment of Eddie Wattenbach as UK and International Professional Indemnity underwriter, based in Brit Insurance’s Global Markets division.
He joins Brit Insurance from Atrium Syndicate 570, where he spent..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Texting and driving worse than drinking
Texting behind the wheel impairs driving skills more than being drunk or high, according to new research for the Royal Automobile Club Foundation. Despite the danger, 48% of UK drivers aged 18 to 24 admit to using short message services (SMS)..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Government welcomes fall in MRSA figures
The Government has welcomed the MRSA figures and said that the figures show that the risk of becoming infected with an MRSA bacteraemia is at its lowest for five years. The government said that this has been achieved by a package of measures..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Big fall in MRSA bloodstream infections
The Health Protection Agency has published its latest quarterly report on MRSA bloodstream infections. The latest figures from the Agency’s mandatory surveillance of MRSA bloodstream infections show that there were 836 cases reported in..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
MDU warning on system for indemnifying doctors
The Medical Defence Union has warned that the UK is in danger of being one of the last countries in the EU to persist with an outdated system of indemnifying doctors which risks leaving patients uncompensated.
In most developed countries, including..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Claims information from Medical Defence Union
The number of claims reported to the Medical Defence Union (MDU) has reduced slightly compared to previous years, but the size of claims is on the increase. In 2007 the MDU paid out on behalf of its members £25mn in discretionary indemnity..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Tories to sweep away teacher’s health and safety red tape
In a speech this week to the Conservative Party’s Birmingham conference, shadow spokesperson for children, schools and families Michael Gove promised to sweep away health and safety regulations that prevent children going on school..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Government slashes red tape for school trips
The government has said that more children and young people will be able to go on educational school trips thanks to new measures slashing red tape and giving teachers more support.
The recently launched Out and About package, backed with..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Increased demand for management liability insurance
Class action contagion from the US and growing economic uncertainly have spurred an unprecedented surge in the demand for management liability insurance among the UK’s top firms, according to Marsh.
Two years ago only 10% of FTSE 250..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Accountants’ negligence claims over online tax returns
The campaign by HM Revenue and Customs (HMRC) to drive online tax return forms could increase accountants’ professional negligence claims with a greater risk of filing incorrect figures, according to Aon. The broker has warned firms to..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Solicitors’ PI renewal season report
The 1 October renewal season saw another year of competition-driven reductions in professional indemnity insurance rates for solicitors’ professional indemnity insurance for the top law firms in England and Wales, according to Marsh.
However,..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Workplace mediation guide from CIPD and Acas
The 190,000 individual employment tribunal claims in 2007/2008 could have been reduced by more effective use of workplace mediation, according to a new guide from the Chartered Institute of Personnel and Development and Acas.
“Mediation: An..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Psychosocial Working Conditions in Britain in 2008
The Health and Safety Executive’s Health at Work Group, Statistics Branch, has published a report entitled “Psychosocial Working Conditions in Britain in 2008,” which presents analysis from a series of surveys on psychosocial..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Airline insurance market indicators report
The airline insurance market appears to have begun to harden, according to Aon’s “Airline insurance market indicators – a darker outlook autumn 2008.” In the report, Doug Peterson, Aon Aviation & Aerospace Practice..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
US hospital and physician liability benchmark analysis
Hospital-acquired infections, hospital-acquired injuries, objects left in surgery and pressure ulcers account for one out of every six claims in the US, according to the 2008 Hospital Professional Liability and Physician Liability Benchmark..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Unite responds to consultation
Thousands of people suffering from exposure to asbestos during their working lives are stuck in “compensation limbo” as a result of a House of Lords ruling on negligence, according to the union Unite.
Unite is urging the Government to..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Thompsons’ response to pleural plaques consultation
In its response to the Ministry of Justice consultation, Thompsons has set out key demands including legislation to overturn the House of Lords decision. If the judgment is not be overturned then Thompsons is calling for a no fault scheme paid for..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Kennedys responds to pleural plaques consultation paper
Law firm Kennedys has responded to the Ministry of Justice Consultation paper on pleural plaques, saying that it would be wrong to overturn the House of Lords ruling for political reasons and inappropriate to provide compensation payments for a..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
BIBA’s response to Government consultation on pleural plaques
The British Insurance Brokers’ Association (BIBA) has published its response to the Government’s consultation on the issue of pleural plaques. The consultation asked for views on whether it would or would not be appropriate to overturn..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
New Mesothelioma Scheme 2008
The government has announced that the new Mesothelioma Scheme 2008 has started to accept claims, meaning faster payments for all people diagnosed with diffuse mesothelioma.
The payment package will provide up-front financial support within six..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
US tobacco-related cancer statistics
About 2.4mn cases of tobacco-related cancers were diagnosed in the United States from 1999 to 2004, with lung and bronchial cancer accounting for almost half of these diagnoses, according to a study by the Centers for Disease Control and Prevention..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Conduct disorder linked to secondhand smoke exposure
A national study of 3,091 US children has linked an increased risk for conduct disorder (CD) to postnatal lead exposure and both pre- and postnatal exposure to secondhand smoke. The findings, reported in the July 2008 edition of the peer-reviewed..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Research into value of smoke-free policies
Smoke-free policies reduce the exposure of both adults and children, reduce the prevalence of smoking in adults and reduce the risk of heart disease related to smoke exposure. This is one of the findings from a series of reviews and evaluations..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Chlorine linked to asthma in children
Swimming in outdoor chlorinated pools increases the odds of a child developing asthma, according to a study. While swimming is recommended as a good form of exercise for people with asthma, recent research suggests that the chlorine used to keep..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Paracetamol link to asthma in children
Use of paracetamol in the first year of life, or later in early childhood, increases the risk of children developing asthma, rhinoconjunctivitis and eczema at age six to seven years, according to research published in the “Asthma Special..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Health risks of melamine in Chinese milk products
Following recent events in China, the European Commission asked the European Food Safety Authority (EFSA) to provide urgent scientific advice on health risks for European consumers related to the possible presence of melamine in composite foods..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Warning over moisturising creams
A question mark about the safety of some moisturising creams has recently been raised in the light of an article in the Journal of Investigative Dermatology, although there is no evidence of danger to humans in the study. The research pointed to a..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Bisphenol A and heart disease
Prof Richard Sharpe, MRC Human Reproductive Sciences Unit, University of Edinburgh, said: “Cardiovascular diseases and diabetes are ‘Western’ diseases that are becoming ever more common. We have all presumed that this is due to..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Plastic chemical in health concerns
A chemical used in the production of many common plastic products may be associated with an increased prevalence of cardiovascular diseases and diabetes. A study, “Association of urinary Bisphenol A concentration with medical disorders and..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Research into environmental factors and Parkinson’s disease
The National Institute of Environmental Health Sciences (NIEHS), part of the National Institutes of Health (NIH), has announced that it will award three new grants totalling $21.25mn over a five-year period to study how environmental factors..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Staged accidents in car insurance scam
R v Gul and others • Davies Lavery – The Brief • September 2008
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Psychiatric injury damages disallowed
Monk v PC Harrington Ltd and others • Davies Lavery – The Brief • September 2008
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Damages for boiler explosion injuries
A man injured during the course of his work as an engineer surveyor has been awarded £170,000 for the serious burn injuries and post traumatic stress he suffered when a boiler he was inspecting exploded. He was in the process of inspecting a..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
£21,000 for back injury
A man working as a warehouse operative has been awarded £21,000 for a back injury.
The man was required to pick a box weighing just over 90kg from a picking location that had been pyramid picked. This meant that the only box that he was able..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Mesothelioma victim’s family win damages
A family has obtained £205,000 in compensation after their father died of mesothelioma following exposure to the dangerous dust while working during the 1950s. He was exposed to asbestos while working at a telephone exchange where he was..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Hand arm vibration syndrome award
A roadworker who developed hand arm vibration syndrome (HAVS) and Carpel Tunnel Syndrome as a result of using vibrating tools such as breaker packs, whacker plates and saws has received £262,000 in compensation. As a result of the injuries, he..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Care assistant wins back injury compensation
A care assistant who attempted to stop a psychiatric patient committing suicide has won £13,500 compensation after injuring her back in the process. She worked in a ward that deals with the care of the elderly. A psychiatric patient was..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Damages for man injured by reversing minibus
A trainee teacher whose pelvis was fractured when he was crushed by a reversing school minibus has been awarded £365,000 in compensation for his injuries. He was standing in front of his own vehicle when the mini-bus reversed into him. His..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Supermarket employee wins compensation
A woman has been awarded £45,000 for the injuries she sustained when a cage full of bread fell on top of her at a supermarket. The woman, who worked as a general assistant at the supermarket, was moving a cage of bread, 10 trays high measuring..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Damages over wine bottle injury
A man who sustained injuries involving a faulty wine bottle that he purchased from a supermarket has received £10,000 in compensation. He suffered injuries when his flatmate purchased two bottles of Italian wine. When he attempted to open the..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
£335,000 compensation for victim’s family
A man who was killed at work has been awarded £335,000 compensation. The claim was brought against his employer by his widow and his two children. His employer was successfully prosecuted by the Health and Safety Executive after he was crushed..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Widow wins damages for fork lift truck death
The widow of a man who died in a warehouse accident has been awarded £170,000.
He was employed as a fork lift truck driver and warehouseman. He was removing a box from a roll cage containing awnings from a roll cage when it fell onto him..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
£130,000 settlement for mesothelioma victim
The family of a former carpenter and joiner have received £130,000 in settlement of his compensation claim after he developed mesothelioma. He passed away two years ago but his family has now received a compensation payment from his former..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
£32,500 for hand caught in saw
A man working as a welder has been awarded £32,500 after sustaining a serious injury when his hand became caught in a circular saw. He was required to use a bench circular saw, for which he had received no training, to prepare a length of wood..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Damages for man wounded in robbery
A man who worked as a pub landlord has been awarded £117,500 after he suffered a gunshot wound in a bungled robbery at the public house he ran. He was in the process of cashing up the takings when armed intruders entered the public house. His..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Brick layers back injury award
A man working as a brick layer has been awarded £35,000 after sustaining a back injury at work. He was in the process of lifting a manhole cover in order to carry out a repair to it when he sustained an injury to his back. The man and a..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Six-figure settlement for hand crush
A man has agreed a six-figure settlement after an accident at work left him with severe injuries. He suffered the accident at work, whilst assisting two colleagues to move a heavy piece of equipment at his employer’s premises. The equipment..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Electrician awarded £15,000 for wrist injury
A man working as an electrician has been awarded £15,000 after his wrist was injured whilst he was installing an electric meter. He injured his right wrist whilst using a pair of pliers supplied by his employer to seal the electric meter. He..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Slip and fall compensation
A man has received £22000 compensation after he was injured in an industrial accident. He suffered the accident at work whilst employed as an engineer fitter/operator in a papermill. The accident occurred as he was walking through the plant..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Damages for crushed hand
A man has received a five-figure compensation settlement after suffering serious injury in an accident at work. He received the settlement from his employer after his hand was crushed in a trench, as he worked on the widening of a motorway. As a..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Hand Arm Vibration Syndrome damages
A man has received £10,000 after developing Hand Arm Vibration Syndrome. He developed this condition as a consequence from working over 20 years in the construction industry using pneumatic vibratory tools such as stihl saws, vibrating pokers,..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Worker awarded over £15,000 for back injury
A man working on a cereal production line has been awarded £15,702 after he injured his back. He was replacing a roll head from a machine when the incident occurred. In order to replace the roll head he had to lean into the machine, prise it..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Electrician awarded over £44,000 after ladder fall
A man who worked as an electrician has been awarded £44,200 for head and shoulder injuries he sustained when he was knocked to the ground after a fork lift truck struck the ladder he was working on.
The member was repairing an electrical..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
£135,000 compensation for mesothelioma
A man who worked as an electrician in his working career has been awarded £135,000 just six months after he was diagnosed with mesothelioma. His lawyer said that the speed of settlement stands apart from typical asbestos disease claims which..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008
Liability insurance classes report midyear 2008
In the first half of 2008, the general casualty market continued to soften in most of Europe due to continued high capacity and strong competition, according to Marsh in its EMEA Insurance Market Report Midyear 2008.
Increased capacity and..
Online Published Date:
01 October 2008
Appeared in issue:
218 - 01 October 2008