“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..
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,..
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”.
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..
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..
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..
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 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..
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..
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 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..
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..
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..
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,..
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..
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..
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);..
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..
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..
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..
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).
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..
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..
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..
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..
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..
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..
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..
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..
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..
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..
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..
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..
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..
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)..
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..
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..
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..
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..
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..
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..
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..
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..
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.
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..
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..
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..
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..
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..
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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