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Articles for April 2006
Global Liability Settlements - Lumberman’s Revisited
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01 April 2006
By Andrew Symons, CMS Cameron McKenna
“Shrewdest” Personal Injury lawyer in the country joins DAC
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01 April 2006
Davies Arnold Cooper has appointed Warren Collins as equity partner, with effect from 20 March 2006. Collins joins the firm from Alexander Harris where he held the position of National Head of Personal Injury for..
Law firm’s rapid response vehicles
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01 April 2006
Legal firm Rapid Response claims to be one of the first solicitors in the UK to provide ‘rapid response’ vehicles driven by legal experts who can visit clients, make site visits to accident spots and..
Golf course insurance claims study
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01 April 2006
Knowing how much the insurance sector loves its golf (note the proximity of golf courses to insurance conferences), the following study may be of interest.
St Paul Travelers has announced the completion of a study that..
Stable outlook for UK non-life insurance sector
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01 April 2006
Standard & Poor’s (S&P) is maintaining its stable outlook on the UK non-life insurance sector. The stable outlook indicates S&P’s expectation that the majority of its interactive insurer financial strength ratings on domestic insurers (excluding..
New specialty liability product from Markel
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01 April 2006
Markel (UK), the regional arm of Markel International, has announced the launch of a new specialty liability insurance product aimed at protecting the medical and surgical, pharmaceutical and drug, supplement and cosmetic and scientific and..
Norwich Union moves products to regions
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01 April 2006
Norwich Union has transferred the sales and much of the underwriting of its Directors and Officers and Employee Dishonesty covers into its regional offices. The two covers, together with Professional Indemnity, are now available as..
Recruitment agencies may pay too much for EL
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01 April 2006
Hiscox has warned that recruitment agencies may be paying too much for employers’ liability insurance. According to Hiscox, the recent Court of Appeal test case ruling in Muscat v Cable & Wireless
upheld that an..
Norwich Union re-launches hauliers’ liability policy
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01 April 2006
Norwich Union has re-launched its hauliers’ liability policy, which includes a free extension covering damage to trailer curtains. Norwich Union explains that instead of having to claim for damaged curtain sidings separately on their fleet..
Wirral Council launches Report Fraud hotline & Reward Scheme
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01 April 2006
Wirral Council has launched the Report Fraud hotline & Reward Scheme, one of the first of its kind in England, as part of its on-going crackdown on compensation fraudsters.
The hotline will allow Wirral Council to..
Casino workers suffering at work says study
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01 April 2006
A new study of casino workers by the GMB Union in Scotland has found that three-quarters of croupiers suffer from recurrent back and neck ache, and one in five reports early signs of carpel tunnel..
Industrial Injuries Advisory Council Annual Report
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01 April 2006
The Industrial Injuries Advisory Council has released its Annual Report 2005/2006. The report covers the review of the occupational coverage for chronic bronchitis and emphysema, commissioned from the Institute of Environmental Health at the University..
Voice loss not a prescribed disease
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01 April 2006
The Industrial Injuries Advisory Council (IIAC), the independent body which advises the Secretary of State for Employment and Welfare Reform on the Industrial Injuries Disablement Benefit (IIDB) scheme, has announced the publication of its Position..
Compensation to sick miners passes £3bn
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01 April 2006
The amount of compensation paid to sick miners, their widows and families has passed £3bn, according to Energy Minister, Malcolm Wicks. The government is currently paying out around £2mn every working day in compensation for..
Firms not acting on noise at work regulations
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01 April 2006
Businesses have been slow to respond to impending legal changes affecting noise at work, according to Norwich Union. Despite the 6 April 2006 dateline when the Control of Noise at Work Regulations 2005 come into..
NHS staff suffering from workplace stress
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01 April 2006
Nearly half of the NHS staff in Wales suffer from workplace stress and even more have regularly worked unpaid overtime, according to an official survey commissioned by the Welsh government, UNISON and other NHS unions,..
Decrease in major injuries reporting
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01 April 2006
A study has revealed that there has been a decrease in the level of reporting of major injuries to the Health and Safety Executive (HSE) over recent years. Specifically, the level of reporting was higher..
QBE forms aviation syndicate at Lloyd’s
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01 April 2006
QBE Insurance Group is to form an aviation syndicate within its Limit managing agency at Lloyd’s. The new syndicate is expected to begin underwriting on October 1. The aim is for a portfolio including general..
XL Capital reorganises aviation division
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01 April 2006
XL Capital has re-organised its aviation division. The group has appointed Peter Bilsby as chief underwriting officer of XL Insurance’s aerospace operations. Bilsby is based in London. XL Insurance has underwriting teams in both the..
Babies vulnerable to agricultural pesticides
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01 April 2006
Newborn infants are as much as 65 to 164 times more vulnerable than adults to a pair of common agricultural pesticides, according a study published by researchers at the University of California. That means current..
Welding Fume Litigation: The Next Asbestos?
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01 April 2006
Lessons learned in the insurance industry’s decades-long struggle with asbestos claims may be inspiring significant changes in the way they evaluate and defend their policyholders in mass tort litigation, according to an insurance claims expert.
In..
ATLA on silicosis claims in the US
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01 April 2006
The Association of Trial Lawyers of America (ATLA) has applauded a congressional hearing to look into wrongly filed silicosis claims that were thrown out of court in Corpus Christi, Texas, but has warned that big..
Lawyers respond to the US Tort Costs study
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01 April 2006
The response to the Tillinghast Tort Costs study by plaintiff and defence lawyers in the US was predictable. “This report once again demonstrates the price every American pays for an out-of-control civil justice system that..
US tort costs reach a record $260bn
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01 April 2006
US tort costs reached a record $260bn in 2004, or approximately $886 per person, according to a new study “US Tort Costs and Cross-Border Perspectives: 2005 Update” from the Tillinghast business of Towers Perrin. This..
Lower risks from asbestos containing textured coatings
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01 April 2006
New research on asbestos confirms that risks from asbestos containing textured coatings (TCs) are much lower than previously thought. The new research supports the proposal that work with textured coatings will no longer require a..
London lawyer calls for Equitas II
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01 April 2006
London commercial insurers should move towards establishing an Equitas-style body to deal with the massive amounts of asbestos and other liabilities accumulating in the market, according to Peter Taylor, a partner at Lovells, quoted in..
Teacher deaths from asbestos related cancers
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01 April 2006
A report in the TUC publication “Risks” says that the deaths of more teachers from asbestos related cancers is leading to increased concern about exposures in schools. According to the TUC, a Carlisle primary school..
FSA in soft drinks recall over benzene levels
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01 April 2006
The Food Standards Agency has published the results of a survey to investigate levels of benzene in 150 soft drinks on sale in the UK. Benzene was not detectable in the majority of products sampled.
Four..
European food retailers highlight hazards
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01 April 2006
A pan-European gathering of major food retailers in Paris hosted by Aon in association with IGD, an international food and grocery company, has highlighted a number of potential hazards for the sector. These include:
Increasing liability..
Review into contaminated blood and Hep C and HIV
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01 April 2006
A review into how patients were infected with Hepatitis C and HIV through contaminated blood in the 1970s and early 1980s, has been published by the Department of Health.
The review focused on documents from 1973..
Spinal manipulators hit back at report
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01 April 2006
The General Osteopathic Council has criticised the report, pointing out that it is a review of research dating back to 2000 providing no new findings itself. “Further, the paper fails to draw on more recent..
Study questions efficacy of spinal manipulation
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01 April 2006
A study published in the Journal of the Royal Society of Medicine has raised serious questions about the efficacy of spinal manipulation treatment. Spinal manipulation is commonly practiced by chiropractors and osteopaths, and is a..
Government study into equal opportunity with respect to age
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01 April 2006
New research published by the Department for Work and Pensions in conjunction with the Department of Trade and Industry explores the extent to which current employment policies and practices accord with equal opportunity with respect..
Age discrimination regulations published
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01 April 2006
The final measures to outlaw age discrimination in the workplace have been published by Trade and Industry Secretary Alan Johnson. Age discrimination is the most frequently cited form of discrimination by employees. The regulations will..
APIL criticises Home Office compensation plan
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01 April 2006
Government plans which could wipe out compensation for thousands of crime victims have met with heavy criticism from the Association of Personal Injury Lawyers. Responding to the Home Office consultation from December, ‘Rebuilding Lives -..
TUC proposals for personal injury damages
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01 April 2006
The TUC has published its proposals for the future of damages for personal injury claims. The TUC report, “Personal Injury Claims: Proposals for Change,” says that the current system is working well, by and large,..
The damaging effects of excessive risk-aversion
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01 April 2006
“A painfully good example of an excessive risk-averse decision made with the best of intentions” was how Work and Pensions Minister Lord Hunt of Kings Heath described the decision by a head teacher who required..
Guidance on trying factual issues in medical cases
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01 April 2006
In order to ensure that factual issue in medical cases were efficiently and economically tried, the Court of Appeal gave guidance on the proper procedure to adopt.
A party who sought to contradict a factually pleaded..
Limitation period should be disapplied
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01 April 2006
A fresh claim in an action for damages for personal injury issued after the first claim that had been brought outside the time limit and had been struck out, gave the court a discretion under..
No causal link in drunken slip
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01 April 2006
A drunken hotel guest failed to establish that he would not have fallen into a swimming pool but for the absence of non-slip paint. The claim resulted from an accident when a man slipped from..
Prisoner’s claim for damages for psychiatric harm
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01 April 2006
A claim for damages by a prisoner for psychiatric harm, alleging that he himself was in a depressive and suicidal condition and suffered injury as a result of being incarcerated by prison authorities with a..
Tort of misfeasance in public office
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01 April 2006
The tort of misfeasance in public office was not actionable per se if the claimant had not suffered loss or damage caused by the tortuous conduct of a public officer. Nor would exemplary damages be..
Apportionment of blame in road accident
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01 April 2006
The Court of Appeal has upheld a trial Judge’s apportionment of blame between coach and lorry drivers in an A1 road accident. A lorry hit a coach, which pulled over onto the near side carriageway,..
Expired warning not grounds for dismissal
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01 April 2006
An employer was not entitled to take into account a warning that had expired as a decisive factor in reaching a decision to dismiss an employee on the grounds of misconduct.
The Court of Appeal so..
£4,675 for van driver hit by lorry
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01 April 2006
A man who sustained injuries after his van was hit by a lorry on the A1 has won over £4,675 in compensation. He was driving a works van for his employer when he got caught..
£3.25mn for brain damage at birth
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01 April 2006
A man has been awarded £3.25mn in compensation in an out-of-court settlement after he suffered brain damage at birth. The man, now aged 20, requires round-the-clock care. His mother claimed that despite scans showing he..
Police pay-out £50,000 over witness murder
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01 April 2006
A police force has paid compensation of £50,000 to the parents of a witness at a trial who was murdered just days before being due to give evidence against a former employee on theft charges...
£7mn for birth injuries
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01 April 2006
A man has been awarded £7mn in compensation after he suffered injuries at birth. The man, now 19, has learning disabilities which were caused by hospital staff failing to treat low blood sugar levels after..
£138,000 in compensation for stress
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01 April 2006
A man has won £138,000 in compensation after suffering stress and depression at work. The man, who worked for HM Customs & Excise, had taken time off work for stress, and was then given increased..
£3.5mn for car accident victim
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01 April 2006
A woman has been awarded £3.5mn in compensation after she was hit by a car. She was knocked unconscious and left severely disabled after the incident. The woman, a college student, requires 24-hour care and..
£345,000 for police chase widow
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01 April 2006
A woman has received damages of £345,000 from the police. Her partner, a father of two, was killed when he was hit in a head-on collision by a car being chased by the police. The..
Award for bouncy castle injury
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01 April 2006
A 51-year-old man who worked at a youth centre has been awarded £33,750 in compensation for a back injury caused by putting away a deflated bouncy castle. Working alone, he lifted one end of the..
Lawrence victim wins £100,000 from police
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01 April 2006
The man who was subject to the same racist attack which resulted in the death of Stephen Lawrence has been awarded £100,000 damages by Scotland Yard. The man sued the police for negligence but his..
MoD payment for helicopter vibration damage
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01 April 2006
The Ministry of Defence (MoD) has paid £6,800 in compensation to a couple whose house was damaged by vibrations from RAF helicopters. The 15th century manor house suffered damaged roof tiles and cracks as a..
Compensation for prison officers who saw attack
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01 April 2006
Six prison officers who witnessed the aftermath of a horrific killing of a prisoner by a cell mate have been awarded more than £1mn in compensation. The men had sued the Home Office for psychological..
£500,000 settlement over brain damage
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01 April 2006
A woman has been awarded £500,000 by the High Court after she was left brain damaged after giving birth. The woman is reported to have been in a “minimally conscious state” since the birth of..
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