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Articles for May 2005
Unfair dismissal for being gay
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01 May 2005
HSBC is being sued by a former employer for unfair dismissal. The global head of equity trading at the bank claims that he was dismissed for being gay. The bank said it was because of..
Equitas settles Goodyear claims
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01 May 2005
Equitas is to pay $22mn during the second quarter to settle asbestos and pollution claims filed by US tyre maker Goodyear. Equitas will also place $39m into a trust fund to reimburse Goodyear for its..
Excess Aviation War Liability coverage from AIG
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01 May 2005
AIG Aviation, Inc has announced the launch of Excess Aviation War Liability coverage. The new product, an extension of AIG Aviation’s insurance portfolio, is designed to help corporate flight departments and owners of private aircraft..
New PI policy for small risks from Hiscox
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01 May 2005
Hiscox Insurance Company has expanded its Professional Indemnity (PI) product range through the launch of a new policy aimed at smaller risks in the emerging professions market.
The new product will focus exclusively on the IT,..
Positive impact of Australia’s liability law reforms
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01 May 2005
National reforms to liability laws are having a positive impact, with premiums coming down and cover more widely available, according to the Insurance Council of Australia (ICA).
At a meeting of Attorneys General, the ICA and..
Monthly quota
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01 May 2005
“We, and especially politicians and the media, are all taking part in something of a deceit because we are teaching the next generation that risk doesn’t exist…Don’t play conkers in the playground, you might get..
Construction claims – Lumbermens Mutual Casualty Company v Bovis Lend Lease Limited
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01 May 2005
By Stephen Tester, CMS Cameron McKenna
APIL responds to Single Civil Court consultation
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01 May 2005
The Association of Personal Injury Lawyers has responded to the Department For Constitutional Affairs’ consultation paper, ‘A Single Civil Court?’ which considers the potential for unifying the civil and family jurisdictions of the High Court,..
ABI calls for TUC to play active role
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01 May 2005
The ABI (Association of British Insurers) has urged the TUC to play a more active role in the drive to reform workplace compensation. The ABI expressed disappointment at the TUC’s recent decision to pull out..
APIL calls for change to Scottish ‘limitation’ laws
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01 May 2005
A petition drafted by the Association of Personal Injury Lawyers (APIL) in Scotland has been presented to the Scottish Parliament on behalf of “injured Scots workers who are being denied compensation.”
The petition highlights the fact..
Tribunals Service begins transitional year
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01 May 2005
The government has announced the start of transitional year for the Tribunals Service, ahead of formal launch in April 2006. The Tribunals Service is a new agency within the Department for Constitutional Affairs (DCA) that..
XL Europe forms US liability unit in London
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01 May 2005
XL Europe has announced the formation of a new $50mn gross line US liability underwriting unit based in London. XL has appointed Glenn Burles, formerly the chief underwriting officer of Zurich Specialties London, to head..
IUA releases 2004 market statistics
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01 May 2005
Premium levels for non marine business in the London company market have increased for the third year in a row, according to statistics produced by the International Underwriting Association (IUA).
A total of £1656.4mn worth of..
Cannabis users 10 times more likely to crash car
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01 May 2005
Drivers who use cannabis are 10 times more likely to be injured, or to cause injury to others, in car accidents, researchers have found. Dramatic new evidence published in the latest issue of the journal..
New PI scheme for insurance brokers
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01 May 2005
Fabien Risk Services, in partnership with PI Direct’s broker-dedicated trading arm PI Brokerlink, has launched a professional indemnity scheme for insurance brokers under the brand name Broker Protect. The Broker Protect policy provides coverage underwritten..
European noise at work campaign launched
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01 May 2005
The European Agency for Safety and Health at Work has highlighted the issue of noise at work, which it describes as one of Europe’s most persistent workplace health problems, and the most prevalent, irreversible industrial..
Leading causes of incapacity benefit claims
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01 May 2005
Stress, anxiety and depression are reported to have overtaken musculoskeletal disorders as the leading causes of claims for incapacity benefit. This is according to research published in the British Medical Journal.
Interestingly, while these mental disorders..
UK sickness absence declines in 2004
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01 May 2005
Far from being the nation of malingerers of popular myth, a new report from Working Families has found a decline in UK sickness absence over the last year. The report, “In sickness and in health:A..
Employment tribunal cases decline in 2004
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01 May 2005
A survey published by EEF, the manufacturers organisation, one of the UK’s leading providers of employment law services, has shown a sharp drop in the number of employment tribunal cases it handled in 2004.
According to..
New stress order – or just a marketing ploy?
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01 May 2005
A leading stress expert has warned that millions of people are suffering from ‘billness’, a newly identified form of stress disorder caused by unpredictable household bills.
Dr Roger Henderson, a stress counsellor advising T-Mobile, says the..
Hampstead swimmers win right to unregulated swimming
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01 May 2005
“It represents a significant step in curtailing the risk averse nature of modern day society - and entails an acceptance that “risk is inherent in life, and some risk is unavoidable.” So said John Bramhall,..
Third party liability requirements ground Flying Fortress
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01 May 2005
New European regulations have grounded the last remaining airworthy Boeing B-17 Flying Fortress, the “Sally B”, on the eve of the commemoration of the 60th anniversary of the end of World War Two. New EU..
Trend for fewer aircraft losses continues
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01 May 2005
Airclaims has revealed that the first three months of 2005 have continued the trend for fewer aircraft losses, evident since the end of 2001. During the first quarter of 2005, Western-built jets, which carry about..
Successful renewal for London P&I Club
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01 May 2005
Marine mutual London P&I Club said that it had completed a successful renewals season, with total gross tonnage covered rising to 32.9mn. The mutual said that its strategy was based on organic growth of its..
NUMAST highlights issue of fatigue
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01 May 2005
Seafarers’ union NUMAST is launching a major new campaign against fatigue and cuts in crewing levels in response to the findings of a major research project examining seafarers’ working hours.
Researchers from Cardiff University’s centre for..
Stress can be passed to babies
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01 May 2005
Pregnant women who suffer post-traumatic stress disorder (PTSD) pass on stress symptoms to their unborn children. This is the conclusion of a study into pregnant women who witnessed the World Trade Center attacks.
Children aged one..
Middle aged obesity linked to dementia
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01 May 2005
Research by the US National Institutes of Health suggests that obese people in their 40s are 74% more likely to develop dementia compared to those of normal weight. The lifetime dementia risk in those who..
US insurers oppose asbestos trust fund
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01 May 2005
The American Insurance Association, Reinsurance Association of America, Property Casualty Insurers Association of America (PCI) and National Association of Mutual Insurance Companies have said they are opposed to the latest effort in the US Senate..
Opposition to latest asbestos reform legislation
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01 May 2005
The Coalition for Asbestos Reform has said that it “strongly opposes” S. 852, the Fairness in Asbestos Injury Resolution (FAIR) Act. The Coalition believes that the FAIR Act leaves potentially hundreds of companies in a..
More illegal dyes found in UK foodstuffs
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01 May 2005
The continuing issue of illegal dyes being found in foodstuffs continues.After the massive recall of Sudan I dye, the latest scare involves another illegal dye, Para Red. Products have been found containing small amounts of..
No cancer link in latest mobile phone study
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01 May 2005
The latest study into mobile phone safety has suggested that there is no link to brain cancer.The study, carried out in Demark and published in Neurology, showed there is no evidence of a link with..
Breast cancer screening records reviewed
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01 May 2005
A hospital in Essex is reviewing the records of over 6,000 women who had breast cancer screening. The move was reported to be because ‘inconsistencies’ were found. Seven women have been recalled so far and..
New labelling of all Non-Steroidal Anti-Inflammatory Drugs
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01 May 2005
The US Food and Drug Administration (FDA) has asked Pfizer to voluntarily remove Bextra (valdecoxib) from the market. FDA is also asking manufacturers of all marketed prescription Non-Steroidal Anti-Inflammatory Drugs (NSAIDs), including Celebrex (celecoxib), a..
HRT could increase the risk of womb cancer
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01 May 2005
Research published in the Lancet suggests that the most popular hormone replacement therapy (HRT) in the UK could greatly increase the risk of womb cancer in women who have taken it over five years. The..
Food wrapping chemical linked to prostate cancer
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01 May 2005
Bisphenol A, a chemical used to make food wrapping and to line tin cans could be the cause of surging prostate cancer rates in men, according to a study reported in the Sunday Times.
The paper..
DRC offers briefing sessions on employment laws
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01 May 2005
The Disability Rights Commission (DRC) is offering free breakfast briefing sessions in May and June on new employment laws, aimed at accounting, legal and banking professionals offering advice to small businesses.
The briefings will provide professionals..
UNISON warns over cancer discrimination protection
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01 May 2005
New workplace rules due later this year to protect people with cancer from discrimination must not have any loopholes, say campaigners. The new Disability Discrimination Bill makes it an offence to discriminate against an employee..
DRC highlights public sector duties in new Act
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01 May 2005
The Disability Rights Commission (DRC) is highlighting a major duty in the legislation to tackle institutional discrimination and ensure disabled people are treated fairly in the public sector.
DRC Chairman Bert Massie said: “The Act’s Disability..
Disability Discrimination Act comes into force
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01 May 2005
The Disability Discrimination Act (DDA) has received Royal Assent.
The Act amends the existing Disability Discrimination Act to:
Introduce a new positive duty on public bodies to promote equality of opportunity for disabled people
Provide protection for more..
Claims companies touting at A&E department
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01 May 2005
It has been reported that companies offering “no win, no fee” services relating to compensation were caught touting for business at an accident and emergency department. Business cards and leaflets were being handed out to..
APIL president calls for faster justice
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01 May 2005
Faster justice, more cross-party collaboration and the preservation of the tort system are top of the agenda of the incoming president of the Association of Personal Injury Lawyers (APIL).
In his speech to delegates at APIL’s..
Employers can be held vicariously liable
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01 May 2005
A man brought an action against an NHS Trust alleging that his manager had been guilty of a course of conduct amounting to harassment, under Sections 1 and 3 of the Protection from Harassment Act..
Costs reduced for failed allegations
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01 May 2005
A seriously dyslexic man alleged that educational psychologists had been negligent in failing to diagnose his special needs and send him to a school with appropriate teaching facilities. In addition, he alleged that two of..
Unreasonable precaution to impose on hoteliers
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01 May 2005
A man suffered severe multiple injuries fell out of a window at a hotel in the middle of the night. He argued that the height from the floor to the base of the opening window..
Pay claim with mixed gender comparators
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01 May 2005
Where a group of employees containing a significant number of female workers whose work was evaluated as equal to that of another group of employees of the same employer who were predominantly male and who..
Motorist 50% responsible for accident
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01 May 2005
The Court of Appeal considered liability on a case where a motorist was intending to make a right hand turn into a junction.The traffic in the opposite direction had stopped to allow him to cross,..
Parents cannot sue over false allegations
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01 May 2005
Healthcare and other child care professionals did not owe a duty of care to parents against whom they made unfounded allegations of child abuse and who, as a result, suffered psychiatric injury.
The House of Lords,..
Injury to mental health not foreseen
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01 May 2005
A woman ceased working with a depressive disorder which she alleged was caused by a fellow employee, who was aggressive and abusive towards her. The company admitted that the man swore at her and acted..
No duty of care to victim or witness
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01 May 2005
The police owed no duty of care to a victim or witness when investigating a suspected crime.
The House of Lords allowed an appeal by the Commissioner of Police of the Metropolis from the Court of..
Teacher’s duty of care and foreseeable risk
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01 May 2005
A pupil alleged that, when she was 13 years old, she had undergone an indecent assault in the school playground in which six of her fellow pupils were involved.
She reported the incident to her head..
Former dominatrix wins harassment case
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01 May 2005
A retired dominatrix has won $60,000 (£32,000) in damages in the US for sexual harassment. The former dominatrix, then known as Mistress Celeste, took a job at the US Treasury Department, where she ended up..
Car crash passenger gets £1mn
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01 May 2005
A passenger has won more than £1mn in compensation after the car he was travelling in hit a brick wall and plunged six metres onto a railway line. The man sustained a serious brain injury,..
Asbestos widow wins compensation
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01 May 2005
The widow of a man who died from mesothelioma has received £177,901 in compensation. The 58 year old man had been exposed to asbestos at Buckingham Palace where he had worked as a maintenance worker.
The..
Fish and chip fall man wins £50,000
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01 May 2005
A man who worked for fish and chip firm Harry Ramsden’s has been awarded nearly £50,000 in damages. The man fell 20ft from an unsecured ladder after being told to hang a heavy Christmas sign...
Interim award for motor accident victim
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01 May 2005
An interim award of £750,000 has been given to a teenager involved in an accident last September.The teenager was riding his moped when he was knocked down, fracturing his spine and leaving him in a..
£1.75mn for boy hit by taxi
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01 May 2005
A boy who was knocked off his tricycle by a taxi in 1993 and left with a severe brain injury has been awarded £1.75mn in compensation. The three-year-old was riding his tricycle along the pavement..
Discriminated on disability awareness course
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01 May 2005
A disabled woman who suffered discrimination on a disability awareness course run by Liverpool City Council has won £2,000 for injury to feelings on the day her case was due to go to court.
The woman..
Mesothelioma victim gets £100,000
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01 May 2005
A former hospital boiler room worker has reached a settlement in his claim for damages following his diagnosis with mesothelioma. He was employed as a maintenance man in the hospital’s boiler room for several years...
Excessive force in caesarean delivery
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01 May 2005
A five year old boy has been awarded more than £1mn damages after he suffered severe brain damage at his birth. The boy was delivered by caesarean because he was breech, and the judge ruled..
Undiagnosed brain haemorrhage case settled
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01 May 2005
A woman whose signs of brain haemorrhage went undiagnosed for more than four years has won £1.6mn in compensation. She had a brain scan after suffering headaches and blackouts but her condition was not diagnosed..
Policeman shot by soldier wins damages
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01 May 2005
A police officer has won £416,000 in compensation from the Ministry of Defence. The police officer was shot by an undercover soldier while on duty in Belfast in 1998. He argued that the soldier had..
Prison service loses unfair dismissal case
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01 May 2005
Appeal court judges have upheld a woman’s case for unfair dismissal and disability discrimination against the Prison Service.The woman was sacked in 1997 after going on sick leave. She had been demoted after asking to..
Brain damaged twin girl receives £2.1mn
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01 May 2005
A girl has received a structured settlement amounting to £2.1mn after she suffered brain damage at birth. The girl, now seven, was one of twins, and there was a delay in her delivery after the..
Man hit whilst hailing taxi
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01 May 2005
A man who was hit by a car whilst hailing a taxi has received substantial damages, though the payment has not been disclosed. The man suffered brain injuries, depression and post-traumatic stress.
Liability had been disputed..
Nuclear Testing veterans to sue
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01 May 2005
A group of over 900 veterans are pursuing legal action for personal injuries and losses they have suffered arising as a result of exposure to low level radiation whilst participating in the British Atmospheric Nuclear..
Parents cannot sue over abuse claims
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01 May 2005
The Law Lords have ruled that a number of parents who were wrongly accused of abusing their children cannot sue the health care professionals who misdiagnosed the abuse. The case was dismissed because the health..
Inmates sue over riots
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01 May 2005
Prisoners at Lincoln Prison are to sue the Home Office for personal injury following riots at the prison in 2002. The 45 prisoners claim they were traumatised by the riots, and suffered post-traumatic stress and..
Not an employee so no unfair dismissal
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01 May 2005
An employment tribunal has ruled that the former chief executive of Northampton Town Football Club is not entitled to claim unfair dismissal. The tribunal ruled he had not been an employee between February and October..
Settlement for tuberculosis girl
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01 May 2005
A three year old girl who contracted a rare form of tuberculosis in Indonesia which left her with chronic ear infections and ultimately loss of hearing, has won a substantial undisclosed out of court settlement.
After..
Unfair dismissal but no racial discrimination
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01 May 2005
A teacher has lost her claim for racial discrimination but has won a claim for unfair dismissal. The teacher, a Mauritian-born Indian, claimed she had been discriminated against on the grounds of race, but the..
Racial discrimination dismissed despite abuse
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01 May 2005
A Tunisian woman has lost a racial discrimination case despite suffering racial abuse from pupils. The school teaching assistant said staff and students discriminated against her.
The tribunal said although the school had not discriminated against..
Pilot wins sex discrimination case
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01 May 2005
A female pilot has won her sex discrimination case which involved a dispute over working hours.The pilot was refused the right to work 50% part-time so she could look after her one-year-old daughter. The airline..
Settlement for fall from ladder
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01 May 2005
A man who fell off a ladder while working in France has received a six-figure settlement cheque as compensation for his resulting injuries and losses. He was working as a hod carrier for a UK-based..
NHS sued over surviving twin
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01 May 2005
The NHS is being sued for £250,000 by a woman who had an abortion after learning that she was pregnant with twins, but who gave birth to one of the babies. The woman, who was..
Damages for girl hit by uninsured driver
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01 May 2005
The mother of an eight year old girl who was hit and killed by an uninsured driver has been awarded substantial but undisclosed damages by the Motor Insurers’ Bureau. The car crashed into a garden..
Global job-related accident and illness figures
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01 May 2005
Around the world, the workplace is becoming a more dangerous place, with new studies showing an increase in injuries, illnesses and fatalities caused by work.
Faced with this rising toll of occupational-related death, injury and sickness,..
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