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Articles for August 2004
US Silica Concerns Grow But Disclosure Limited
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01 August 2004
By John Iten, credit analyst and director in Standard & Poor’s Insurance Ratings sector
Still confronted with mounting lawsuits over exposure to asbestos, a growing number of corporations and their insurers are bracing themselves for a..
First National Tricity Finance Limited v OT Computers Ltd (In Administration)
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01 August 2004
By Neal Gibson, partner, Commercial Litigation and Dispute Resolution Department, Nabarro Nathanson
First National Tricity Finance Limited (“FNTF”) has successfully appealed a decision of the Vice Chancellor concerning the statutory interpretation of certain key provisions of..
Insurance Law: A Practical Perspective
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01 August 2004
Informa Professional Development has announced the launch of a new course entitled Insurance Law: A Practical Perspective, which will commence at the beginning of October 2004.
The course follows the Informa Professional Development ‘self-study’ format, allowing..
AIG Europe (UK) appointment
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01 August 2004
AIG Europe (UK) Limited has appointed Bryan Tedford as US Casualty Manager for AIG Europe. Bryan will be based in London and will be responsible for underwriting casualty programmes, developing broker and risk manager relations,..
Live data feed from CNA Insurance
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01 August 2004
CNA Insurance, a European subsidiary of US insurer CNA Financial, has introduced a live data feed to its web-based directors’ & officers’ liability solution at www.cnadirectors.co.uk. The site now lets users supply financial data to..
PI Direct expands insured professions
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01 August 2004
PI Direct, the specialist professional indemnity underwriting agency, through its subsidiary PI Brokerlink, has expanded its insured professions to include secondary intermediaries such as motor traders, retailers, opticians, dentists and hire firms.
PI Direct points out..
Equitas settles EnPro asbestos liabilities
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01 August 2004
Equitas has agreed a $118mn settlement of its asbestos liabilities with US engineering group EnPro. Equitas will pay $30mn to EnPro and the remainder to an asbestos trust set up to resolve claims against EnPro..
Aon surveys UK companies on compensation culture
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01 August 2004
A survey into the compensation culture of UK companies and organisations conducted by Aon, has found that 75% of those surveyed see the current growing trend as creating an unsustainable burden for industry, commerce and..
Negligent private doctor pays £800,000
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01 August 2004
The private doctor who attended Sir Christopher Harding, the chairman of both Legal & General and United Utilities, has been found negligent in failing to call an emergency ambulance, resulting in Sir Christopher’s death. The..
Top ten complaints about solicitors from Which? magazine
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01 August 2004
Consumer magazine Which? is calling for the government’s review of solicitors in England and Wales to put an end to self-regulation after exposing serious problems with quality of service and the way complaints are handled.
Which?..
Improvements to Disability Discrimination Act
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01 August 2004
The Government is planning to remove a major barrier which makes it difficult for people with mental health impairments to take cases under the Disability Discrimination Act (DDA).
The plan formed part of the Government’s response..
CFAs discussed by Government and the experts
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01 August 2004
Civil Justice Minister David Lammy has brought together legal practitioners, insurers, academics and costs experts to discuss in detail conditional fee agreements (CFAs), their future development and related legal costs issues.
David Lammy said: “Conditional fee..
Legal Services Ombudsman’s annual report
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01 August 2004
The Legal Services Ombudsman for England and Wales, Zahida Manzoor, has said that the Law Society improved its complaintshandling capacity during the past year, and is now regularly completing more cases than it receives and..
Tribunals White Paper launched
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01 August 2004
A White Paper, entitled “Transforming Public Services: Complaints, Redress and Tribunals,” has been launched by the Government, which aims to improve the way in which complaints and disputes are resolved.
Tribunals Minister Lord Filkin said the..
ISO launches Measures of Excellence consulting service
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01 August 2004
Insurance Services Office (ISO) has launched Measures of Excellence, a consulting service that helps claims-handling organisations create benchmarks for internal and industry best practices for consistent quality claims handling.
According to ISO, customers who have already..
Little room for improvement in market says A.M. Best
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01 August 2004
A.M.Best’s initial review of the aggregate statistics of the UK non-life primary market suggests that, as expected, 2003 saw a modest continuation of the improvement in underwriting results seen since 2000, according to a special..
Scottish public authorities warned by CRE
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01 August 2004
The Commission for Racial Equality (CRE) Scotland has issued minded letters to 21 public authorities, which it believes are not meeting their legal duty to promote race equality. The purpose of the minded letters is..
Lord Phillips on suing councils
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01 August 2004
Master of the Rolls Lord Phillips has told the BBC that many councils are no longer providing everyday leisure activities because of the fear they will be sued if people hurt themselves. He said that..
AXIS Europe offers D&O coverage
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01 August 2004
AXIS Specialty Europe Limited, the European insurance subsidiary of AXIS Capital, has begun underwriting directors and officers liability insurance and other professional lines coverages.
AXIS Europe, primarily via its UK branch AXIS Specialty London, will offer..
UNISON call for increase in unfair dismissal compensation
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01 August 2004
The union UNISON has said that the government needs to increase compensation available to workers who are unfairly dismissed after the Law Lords quashed an appeal court ruling which would have allowed employment tribunals to..
Constructive dismissal and disability discrimination
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01 August 2004
The Court of Appeal found that a teacher with over thirty years experience, was constructively dismissed and should have received full pay not sick pay when she suffered her sight loss.
Her case was supported by..
Catholic Church reports on child abuse
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01 August 2004
A report by the Catholic Office for the Protection of Children (COPCA) has revealed that 52 priests were accused of sexual abuse against a child in 2003 in England and Wales. However, of these, none..
Gulf War syndrome study inconclusive
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01 August 2004
A study of former soldiers published in BMC Public Health has found that forces deployed to the first Gulf War report more ill health than veterans who did not serve there.
The study “Self-reported ill health..
Calls for cap on sexual discrimination awards
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01 August 2004
A report in the Times has said that a number of businesswomen are calling for a cap on sexual discrimination awards, on the grounds that large awards that cost companies millions of pounds in damages..
Tribunal outcomes and awards for 2003-04
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01 August 2004
The Employment Tribunals Service (ETS) has published its Annual Report and Accounts for 2003-04, giving details of tribunal outcomes and awards during the year.
The Minister responsible for Employment Relations, Gerry Sutcliffe, said: “As this report..
Stress-related absence increases
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01 August 2004
A survey of 1,110 UK employers carried out by the Chartered Institute of Personnel and Development’s (CIPD), entitled “Employee Absence 2004: A survey of management policy and practice” has found that a majority of employers..
HSC reports on fatal injury statistics
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01 August 2004
The Health & Safety Commission (HSC) has published the latest detailed statistics on fatal injuries in HSE and local authority (LA) enforced sectors in 2003/04.
The figures show that the number of fatally injured workers increased..
Skyguide settles with more claimants
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01 August 2004
Swiss air traffic control organisation Skyguide, has reached a settlement with 28 more claimants over the mid-air collision of two aircraft above Überlingen, Germany on July 1, 2002. The accident resulted in the death of..
London Club reports low level of claims
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01 August 2004
P&I insurer London Club has reported that claims for this policy year are at their lowest levels for two decades. The size of claims paid 15 months after the inception of the policy year was..
Study of cancer-causing chemicals from 9/11
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01 August 2004
Scientists from the University of North Carolina at Chapel Hill and the US Environmental Protection Agency have concluded a study designed to help assess the health threat of a group of cancer-causing chemicals known as..
$54 million sex discrimination settlement
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01 August 2004
The US Equal Employment Opportunity Commission and Morgan Stanley have announced a $54mn settlement of a sex discrimination lawsuit filed on behalf of a class of female officers and women eligible for officer promotion in..
No liability coverage for sexual harassment
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01 August 2004
The Vermont Supreme Court has ruled in favour of three US insurers in their contention that liability insurance does not cover sexual harassment. Two employees had sued a business and their supervisor on the grounds..
New report on Silica Liability
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01 August 2004
A new report by the US Insurance Information Institute entitled “Silica Liability” has found that while the number of deaths associated with silicosis continues to decline, the number of silica claims being filed is increasing..
Halliburton asbestos settlement approved in US
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01 August 2004
A US federal bankruptcy judge has approved the recent $4.2bn settlement agreed between the DII Industries and Kellogg Brown & Root units of US oil-services group Halliburton and around 400,000 asbestos claimants.
Halliburton is set to..
Changes to Prescribed Disease A11
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01 August 2004
The Government has announced a change to the prescription of Prescribed Disease A11 (PD A11), commonly known as Vibration White Finger. The Industrial Injuries Advisory Council conducted a review into Hand Arm Vibration Syndrome (HAVS)..
Quarter of settled claims involve medication errors
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01 August 2004
Medication errors account for a quarter of settled claims against GP members of the Medical Defence Union, costing £12.5mn pounds over a five-year period.
The MDU, the largest indemnifier of UK doctors, released the figures in..
MRSA rates on the increase in England
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01 August 2004
Reports of MRSA have increased by 3.6% in England over the last year, according to the latest data from the Department of Health and the Health Protection Agency.
The results from the third year of the..
TUC highlights workplace risks in the nanotech industry
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01 August 2004
The TUC has backed the recommendations in the report by the Royal Society and the Royal Academy of Engineering for regulation of the booming nanotechnology industry, particularly in the area of workers’ safety.
Brendan Barber, TUC..
Royal Society report into nanotechnology
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01 August 2004
A report into nanotechnology by the Royal Society and the Royal Academy of Engineering has concluded that it offers many potential benefits, but its development must be guided by appropriate safety assessments and regulation to..
No obligation to carry out inspection
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01 August 2004
The case involved a young man who did a running dive into the shallow water of a disused gravel pit, despite no swimming signs, and struck his head on a fibreglass container on the bottom..
Appeal ruled to be out of time
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01 August 2004
The Court of Appeal held that the time limit for the proper institution of an appeal from a decision of an employment tribunal was the filing of a notice of appeal together with the tribunal’s..
Tenant and landlord to blame over fall
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01 August 2004
The case involved a building which had a low wall along the length of the approach to the building – below the wall was the entrance to the basement. The accident occurred when the tenant..
Common-law action not barred by unfair dismissal claim
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01 August 2004
Where an employer had acted unfairly towards an employee in such a way that the employee had acquired a cause of action at common law prior to and independently of his subsequent unfair dismissal, his..
More favourable treatment for disabled employee
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01 August 2004
The case involved a council’s duty under section 6 of the Disability Discrimination Act 1995. An employee had become disabled and at risk of losing her job owing to her inability to carry out the..
No compensation for non-economic loss
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01 August 2004
An employee claiming unfair dismissal in an employment tribunal could not recover compensation for non-economic loss. The House of Lords allowed the appeal by the employers. The case concerned section 123 of the Employment Rights..
Change of priorities affects earnings claim
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01 August 2004
The case involved a dentist who had suffered injury to his hand as a result of negligent medical treatment following a sailing accident. He claimed that as a consequence of this he had suffered a..
Pupillage is not membership
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01 August 2004
An application for admission to a set of barristers’ chambers as a pupil barrister was not an application for membership of a trade organisation. This was the verdict of the Court of Appeal by a..
Application to reduce the amount a payment
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01 August 2004
The Court of Appeal held that it was not the case that a defendant’s application to reduce the amount a payment into court led to an automatic stay on the claimant’s entitlement to accept it...
Retained firefighters get less benefits
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01 August 2004
The Court of Appeal dismissed in part an appeal by a number of retained firefighters who claimed they were less favourably treated than comparable full-time firefighters.
The Court of Appeal held that retained firefighters were employed..
Police disciplinary board has immunity
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01 August 2004
The Court of Appeal dismissed an appeal by the applicant in a case of unlawful sexual discrimination. An employment tribunal had ruled that it had no jurisdiction to hear her complaint of sex discrimination against..
Adequate system of inspection and maintenance
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01 August 2004
The case involved a claim for personal injuries after a trip on a pavement maintained by the defendant. The Claimant alleged negligence and breach of statutory duty under the Highways Act 1980. The claim was..
Defect not related to protection
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01 August 2004
The House of Lords ruled that an employer who issued his employee with steel toe capped boots to protect him from impact injuries was not liable for an injury caused by a defect in the..
Mesothelioma settlement from BP
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01 August 2004
A former employee of BP has received compensation after he was diagnosed with mesothelioma. The employee used to work at BP’s research facility at Sunbury on Thames and was diagnosed with the asbestos related disease..
Damages settlement for birth delays
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01 August 2004
A boy who was left with cerebral palsy and epilepsy after his birth has received damages from the NHS trust. The court ruled that there had been a negligent delay in delivering the boy. He..
Maternity leave sex discrimination case settled
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01 August 2004
A manager who was offered a part-time post as a receptionist when she returned from her maternity leave has settled her sex discrimination claim against her former employer and received £15,000 compensation. Her case was..
£1.5m for brain damaged child
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01 August 2004
A boy has received £1.5mn in damages after he was left with brain damage following a trip to a dental clinic when he was three. He underwent a general anaesthetic but had to be resuscitated..
Trust pays £1m over death of woman in childbirth
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01 August 2004
A health trust has admitted medical negligence and paid £1mn in damages to the family of a woman who died after giving birth to twins. The woman, an anaesthetist, died after being admitted to hospital..
Disabled rail worker awarded £1m in damages
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01 August 2004
A railway worker has been awarded £1mn in damages after he was left physically and mentally disabled after he was hit by a freight train. The man suffered severe injuries and requires round-the-clock care. He..
Approval for Boeing settlement
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01 August 2004
A US Judge has given preliminary approval to Boeing’s settlement plan to resolve a sex discrimination class action. The company has agreed to pay up to $72.5mn to around 29,000 former and current female employees...
Compensation for burns to hands
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01 August 2004
A woman has been paid £4,700 compensation after being badly burned while cleaning machinery at work. The woman was cleaning a processing machine that she had been working on when the incident occurred. As she..
Latex allergy compensation in Australia
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01 August 2004
Following last month’s story in LRI that a nurse had won £350,000 over her latex allergy, a similar case in Australia has seen a nurse awarded more than Aus$428,000 in compensation.
The nurse developed an allergy..
Simplifying CFAs – the government proposals
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01 August 2004
The Government has published its proposals to reform ‘no win no fee’ arrangements. The consultation paper, “Making simple CFAs a reality - A summary of responses to the consultation paper Simplifying Conditional Fee Agreements and..
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