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Articles for August 2006
Football fever: insurers’ headache?
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01 August 2006
By Simon Cooper and David Abbott, Reinsurance and International Risk team, Barlow Lyde & Gilbert
Monthly Quota
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01 August 2006
“With ongoing criminal investigations into the fraud-ridden asbestos lawsuit industry and with a growing number of court rulings suggesting the tobacco litigation gravy train may be running out of steam, entrepreneurial lawyers have been looking..
Responses to the corporate manslaughter legislation
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01 August 2006
The reaction to the bill has been divided. Employers’ and directors’ organisations have welcomed the move, while plaintiff lawyers and trade unions have expressed their disappointment at the lack of individual liability for directors. Nevertheless,..
Corporate Manslaughter and Corporate Homicide Bill arrives
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01 August 2006
The Government has finally published the Corporate Manslaughter and Corporate Homicide Bill, described as “tough new legislation to prosecute companies whose gross negligence leads to the death of employees or members of the public”.
Home Office..
Consultation on reform of legal aid system.
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01 August 2006
Lord Falconer, Lord Chancellor and Secretary of State for Constitutional Affairs, has begun a consultation programme on radical reform of the legal aid system. The consultation on implementing sweeping changes to the way Government buys..
Responses to arrival of Compensation Act
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01 August 2006
Richard Langton, president, Association of Personal Injury Lawyers (APIL), said: “We applaud the Government for introducing long overdue regulation of claims management companies but we must ensure the new rules provide robust protection for injured..
Compensation Bill receives Royal Assent.
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01 August 2006
According to the Government, the public is to be better safeguarded and claims management companies more strictly regulated as a result of the Compensation Act 2006. The Government also that it will also ensure “that..
RPC warns of increased liabilities from Pension Reform
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01 August 2006
Insurers must take immediate notice of the increased liabilities they face as a result of the May 2006 Government White Paper on Pension Reform, which proposes a three year increase in the state pension age..
Beachcroft launches motor prosecutions unit
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01 August 2006
Beachcroft has formally launched a dedicated motor prosecutions unit to advise and represent motor insurers and their policyholders on the handling of very serious or fatal road traffic accidents that lead to criminal prosecution and..
Standing committee hears of value of specialist lawyers
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01 August 2006
The Standing Committee debating the NHS Redress Bill has considered the issue of specialist lawyers. Conservative MP John Baron told the committee recently: “We have heard much during our debates about the value of so-called..
NHSLA annual report and accounts
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01 August 2006
The NHS Litigation Authority (NHSLA) has produced its Annual Report and Accounts for 2005/06. According to the NHSLA, despite wide-spread concerns about a “compensation culture” in the UK, claims numbers remain very steady, with a..
Confusion over taxi drivers’ liability
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01 August 2006
Confusion surrounding the level of public liability cover required for taxi drivers on school-runs could be placing both drivers and their young passengers at risk. This is according to broker Swinton, which has a specialist..
Buyer’s market set to continue for D&O
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01 August 2006
There are small but significant gains to be made for insureds in the current London D&O market, according to the majority of underwriters surveyed in the Willis Index tracking this sector.
The Index for the second..
ACE clarifies confusion over D&O and extradition
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01 August 2006
Given the recent publicity surrounding extradition of directors from UK companies to the US and the resultant confusion about the scope of D&O cover, ACE European Group has said it is taking a lead in..
Marsh on D&O coverage confusion
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01 August 2006
The recent debate surrounding extradition has highlighted the confusion that exists regarding what is currently covered under directors’ and officers’ (D&O) liability insurance and has forced some insurers to change the way they offer policies,..
Conveyancing top source of negligence claims among smaller law firms
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01 August 2006
Residential conveyancing continues to give rise to the highest number of negligence claims amongst small to medium sized law firms, according to Aon Limited. The firm reviewed the claims history of legal firms with up..
Solicitors PI market renewals preview
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01 August 2006
In preparation for this year’s October 1 solicitors Professional Indemnity (PI) market renewals, Nicholas Gilbert, a director in Aon’s Professional Risks unit, has said that all the early signs indicate that insurers remain committed to..
Prescribed diseases review from IIAC
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01 August 2006
The Industrial Injuries Advisory Council (IIAC) has published a report on Work-related Upper Limb Disorders (WRULD). The report investigated prescription of cramp of the hand or forearm, prescribed disease (PD A4); beat hand (PD A5);..
Warning over risk of sunburn and cancer
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01 August 2006
Aon Construction Direct has warned that the risk of sunburn causing cancer could become the biggest new threat to the building industry by generating huge employers’ liability claims in the future.
Contractors across the sector could..
Slips and trips management pack from Norwich Union
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01 August 2006
Norwich Union has launched a risk management pack to help businesses control the cost of slips and trips at work, which it says currently amounts to £512mn a year for UK employers.
The Slips and Trips..
HSE launches Noise and Hand-arm Vibration Programme
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01 August 2006
The Health and Safety Executive (HSE) launched a new programme aimed at protecting the more than 2mn workers in Great Britain who are exposed to either excessive noise or hand arm vibration from suffering permanent..
Aviation market continues to deliver steady reductions
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01 August 2006
Capacity and loss levels are keeping conditions favourable for buyers, and the aviation insurance market continues to deliver steady reductions, according to Aon Aviation in the latest issue of Airline Insurance Market News (July 2006).
According..
One stop liability shop for hauliers
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01 August 2006
Aon Marine, in partnership with Royal & SunAlliance, has created a one stop shop product which enables UK hauliers to insure their employer, public and customers’ freight liability under one policy. Traditionally, hauliers have taken..
No EU inquiry into P&I Clubs Agreement
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01 August 2006
The European Union has decided not to hold a new inquiry into whether the International Group of P&I Clubs Agreement is in breach of EU competition rules, according to Lloyd’s List.
In the late 1990s the..
ATLA to become American Association for Justice
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01 August 2006
The Association of Trial Lawyers of America (ATLA) is reported be changing its name to the American Association for Justice. It is thought the reason for this is that the phrase “trial lawyers” has, in..
Speeding up mesothelioma claims
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01 August 2006
The Government has revealed details of how the system for compensating sufferers of mesothelioma would be improved and speeded up.
The Secretary of State for Work and Pensions John Hutton said interim measures to speed up..
Cardiff research could lead to fairer pay-outs for accident victims
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01 August 2006
The Court of Appeal has upheld a previous ruling by the High Court that evidence by Dr Victoria Wass of Cardiff Business School was relevant to the assessment of damages for future losses and expenses..
Recall costs Cadbury Schweppes around £20mn
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01 August 2006
Cadbury Schweppes has revealed that the salmonella contamination at one of its plants is expected to cost it around £20mn.
The company said in its half year results: “Incremental direct costs of £13mn relating to the..
Five-year deal on GP’s insurance fees
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01 August 2006
A landmark five-year deal has been agreed between the ABI (Association of British Insurers) and BMA (British Medical Association) over the quality of medical reports prepared by GPs for their patients and the fees paid..
Research paper due on recovery of ATE insurance premiums
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01 August 2006
The Legal Expenses Insurance Group (LEIG) has launched an attack on insurers over changes to the compensation arrangements in the UK that it says the insurance sector is pushing for.
According to the LEIG, “the changes..
Outcomes for legally represented and unrepresented claimants
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01 August 2006
Independent research published by the ABI (Association of British Insurers) has shown that legal representation does not usually lead to higher or faster compensation. Analysis of over 90,000 personal injury claims between £1,000 and £25,000..
Withdrawn pre-action admission of liability
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01 August 2006
Where, in a personal injury case, a pre-action admission of liability was withdrawn by the defendant and proceedings were issued, an application could be made under CPR r 3.4(2) for the defence or part of..
Vicarious liability and the tort of harassment
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01 August 2006
The Protection from Harassment Act 1997 did not, expressly or impliedly, exclude an employer from vicarious liability for the tort of harassment committed by his employees while acting in the course of their employment. Therefore..
Disability discrimination case
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01 August 2006
An employment tribunal has ruled that an employer directly discriminated against a blind employee when they dismissed her without investigating whether any reasonable adjustments could be made.
The woman was employed as a receptionist/nursing assistant at..
Allegation of intended assault
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01 August 2006
For internal reasons an employee did not achieve the promotion he hoped for and this led to difficulties in his relationship with his employer. This led to him pursuing a claim before the employment tribunal..
Setting aside notice of withdrawal of claim
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01 August 2006
Employment tribunals did not have jurisdiction to set aside a notice of withdrawal of a claim which had been given under r 25(2) of Sch 1 to the Employment Tribunals (Constitution and Rules of Procedure)..
Sickness not equated with disability
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01 August 2006
A person dismissed purely on account of sickness was not discriminated against on grounds of “disability” in the meaning of, and therefore did not come within the scope of, Council Directive 2000/78/EC on equal treatment..
Contribution to accident
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01 August 2006
A child walked into a road and was struck by a lorry, suffering a blow to the head which resulted in severe brain damage. Various witnesses provided evidence that she had walked out from between..
Woman sues mother-in-law for bullying
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01 August 2006
A woman who sued her mother-in-law over allegations of bullying has been awarded £35,000 in damages. She brought the case under the Protection from Harassment Act 1997. She went to live with her mother-in-law after..
Stressed out nurse awarded £140,000 payout
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01 August 2006
A health visitor has been awarded £140,000 compensation after being exposed to a ‘health-endangering’ workload. The woman said she suffered two breakdowns when her Primary Care Trust failed to bring in temporary staff to cover..
Settlement over rail worker death
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01 August 2006
The family of a railway maintenance worker has received £160,000 compensation in a settlement over his death. He was killed on a rail track whilst checking rails for defects. His lawyers were reported as saying..
£4000 whiplash compensation
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01 August 2006
A man has won £4,000 in compensation following a road traffic accident on the M40. He was stationary at the roundabout exiting eastbound from the M40 when another driver drove into the rear of his..
£800,000 damages in bank bullying case
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01 August 2006
A bank has paid out an estimated £800,000 damages after losing a case over allegations of bullying. The employee had sued for harassment by colleagues and lack of support from her employer. She alleged that..
Surgeon wins case over knee injury
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01 August 2006
A surgeon has been awarded £38,928 after he slipped on custard and damaged the anterior cruciate ligament in his left knee. The accident allegedly delayed his promotion to a consultant post by four years. The..
Teacher wins compensation for sex discrimination
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01 August 2006
An Employment Tribunal has decided that an English teacher was the victim of sex discrimination in relation to her application for the post of Principal Teacher (Pastoral) and an agreement has been reached to pay..
£1.95mn compensation for sight damage
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01 August 2006
An NHS Trust has paid £1.95mn compensation to a boy whose sight was damaged because doctors failed to spot a tumour. The boy was three years old when he suffered from headaches, hallucinations, and poor..
Award for arm injury after trip
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01 August 2006
A woman who tripped over at work and suffered injuries to her arm has been awarded £56,000 in damages. The woman, a bank clerk, tripped over some nylon webbing used to hold bank notes together...
Needle-stick injury train worker wins case
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01 August 2006
A train worker who was dismissed after suffering bouts of stress-related illness as the result of a ‘needle-stick’ injury sustained at work has won her claim of unfair dismissal on the grounds of disability.
The Employment..
£5,500 for noise induced hearing loss
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01 August 2006
Trade union Amicus has won £5,500 in compensation for a member who suffered from noise induced hearing loss (NIHL) after working at a foundry for 35 years. The man brought his claim after realising that..
Compensation for roof fall death
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01 August 2006
A building firm has paid £103,975 in compensation to the family of a man who fell 50 feet to his death from a new school roof. The court heard that safety nets had been removed..
Woman sacked for being pregnant wins case
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01 August 2006
A woman who was sacked one week after announcing she was pregnant has won £18,000 in compensation, including £8,000 for injury to her feelings. The company had argued that she had been dismissed because of..
Award for inadequate personal protective equipment
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01 August 2006
A police officer, injured when using an enforcer, has been awarded £11,000 compensation by the High Court because his Police Authority failed to provide adequate personal protective equipment (PPE) and to ensure that what was..
Chef wins unfair dismissal case
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01 August 2006
A chef has been awarded £5,838 for unfair dismissal. The man was sacked from a Jersey hotel for no apparent reason, although the hotel manager claimed the chef had resigned. However, an employment tribunal found..
Policeman’s award for dismissal threat
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01 August 2006
A police officer has won £15,000 in compensation after he was threatened with dismissal for raising health and safety concerns about officers going on patrol alone. He alleged that his line manager had not supported..
£3.625mn damages for botched brain operation
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01 August 2006
A woman who was left severely brain damaged and wheelchair-bound after a neuro-surgeon attempted to remove a brain cyst with a pair of medical tweezers, is expected to receive £3.625mn damages.
The 49-year-old former care home..
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