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Articles for January 2006
Chemicals, pharmaceuticals and life sciences industry liability report
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01 January 2006
Chemicals, pharmaceuticals and life sciences industry liability report
Marsh has published its “Chemicals, pharmaceuticals and life sciences industry” report, part of its “Liability Insurance Buyers Report, Europe 2005”. The report discusses liability data, trends and aspects..
Report on trends affecting US Casualty Industry
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01 January 2006
Report on trends affecting US Casualty Industry
Guy Carpenter has published a new study, “Recent Legislative and Judicial Trends Affecting the US Casualty Industry.” The report provides an overview of enacted and pending federal and state..
Axa Corporate Solutions exits P&I business
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01 January 2006
Axa Corporate Solutions exits P&I business
A report in Lloyd’s List reveals that Axa Corporate Solutions is leaving the protection and indemnity business. The group said in a statement it would cease renewing P&I guarantees and..
Magian in new underwriting agency
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01 January 2006
Magian in new underwriting agency
Magian Mutual Insurance, the mutual insurer established by PI Direct in 2003 to provide professional indemnity capacity which was then lacking in the market, has closed to new business as from..
Guy Carpenter report on Liability Market in England and Wales
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01 January 2006
Guy Carpenter report on Liability Market in England and Wales
A new report, “A Year in Review - 2005 Update: Issues and Trends Affecting the Liability Market in England and Wales,” has been published by Guy..
Online maternity discrimination screening service launched
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01 January 2006
Online maternity discrimination screening service launched
Russell Jones & Walker has launched EqualityXpress, a bespoke online maternity discrimination screening service. According to the law firm, EqualityXpress, available at www.rjw.co.uk, is a dedicated website service where anyone..
New president of the Employment Appeal Tribunal
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01 January 2006
New president of the Employment Appeal Tribunal
Secretary of State for Constitutional Affairs and Lord Chancellor, Lord Falconer, has decided to appoint The Honourable Mr Justice Elias as President of the Employment Appeal Tribunal for the..
APIL responds to ABI proposals
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01 January 2006
APIL responds to ABI proposals
The Association of Personal Injury Lawyers (APIL) says it is as anxious as the ABI to make the claims system more efficient, but warns that “any attempt to remove independent lawyers..
ABI proposes faster compensation payments
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01 January 2006
ABI proposes faster compensation payments
The time taken to settle the average personal injury compensation claim would fall from three years to just six months under proposals announced by the Association of British Insurers (ABI). The..
Limits of liability for transportation and logistics industry
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01 January 2006
Limits of liability for transportation and logistics industry
New research by Marsh reveals that while the average limits of liability purchased across the European transportation and logistics industry have decreased over the past 12 months, the..
Scottish teaching union wins £250,000 for members
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01 January 2006
Scottish teaching union wins £250,000 for members
Trade union, the Educational Institute of Scotland (EIS) has revealed that Scotland’s education authorities and educational establishments have paid out almost £250,000 in compensation (plus legal expenses) to EIS..
Silica-related Renal and Connective Tissue Diseases
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01 January 2006
Silica-related Renal and Connective Tissue Diseases
The Industrial Injuries Advisory Council (IIAC), has also published its Position Paper “Silica-related Renal and Connective Tissue Diseases.”The IIAC said that there is a body of research which is suggestive..
IIAC position paper on Sporting Injuries
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01 January 2006
IIAC position paper on Sporting Injuries
The Industrial Injuries Advisory Council (IIAC), which advises the Secretary of State for Social Security on the Industrial Injuries Disablement Benefit (IIDB) scheme, has announced the publication of its Position..
Ministers of Religion should be treated as employees
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01 January 2006
Ministers of Religion should be treated as employees
Trade union Amicus has welcomed the decision from The House of Lords to treat Ministers of Religion as employees.
Amicus has campaigned to see Ministers of Religion enjoy the..
Research on trends in rates of workplace injury
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01 January 2006
Research on trends in rates of workplace injury
The Warwick Institute for Employment Research has produced a report entitled “Trends and context to rates of workplace injury” for the Health and Safety Executive.
The aim of the..
Long-distance travel leads to greater risk of DVT
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01 January 2006
Long-distance travel leads to greater risk of DVT
A research programme funded by the Department for Transport has confirmed that long-distance travel leads to a small but increased risk of deep vein thrombosis (DVT). The risk,..
New aviation unit from WR Berkley
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01 January 2006
New aviation unit from WR Berkley
WR Berkley Corporation has announced the formation of Berkley Aviation, based in Santa Barbara, California. It will write aviation risks on behalf of WR Berkley Corporation’s insurance company subsidiaries. Berkley..
DVT does not constitute an “accident”
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01 January 2006
DVT does not constitute an “accident”
The Judicial Committee of the House of Lords has unanimously held that the onset of DVT in the course of, or caused by, air travel does not constitute an “accident”..
ATLA on special liability protections for vaccine producers
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01 January 2006
ATLA on special liability protections for vaccine producers
The Association of Trial Lawyers of America (ATLA) has called for Congress to reject Merck’s demand for special liability protections for its vaccines. ATLA pointed to the New..
Fourth annual “Judicial Hellholes” report from ATRA
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01 January 2006
Fourth annual “Judicial Hellholes” report from ATRA
The American Tort Reform Association (ATRA) has published the fourth annual “Judicial Hellholes” report, a ranking of the worst courts in the United States.
“Judicial Hellholes are a few, but..
$10bn tobacco verdict reversed
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01 January 2006
$10bn tobacco verdict reversed
A $10.1bn class action award against Philip Morris, the maker of Marlboro Lights and other low tar cigarettes, has been reversed by the Illinois Supreme Court.
According to the Los Angeles Times: “In..
Mistrial in latest Vioxx lawsuit
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01 January 2006
Mistrial in latest Vioxx lawsuit
The latest lawsuit involving Merck and the drug Vioxx has been declared a mistrial by a judge. The jury in Houston were unable to agree on whether the drug had caused..
MP calls for ban on sweetener Aspartame
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01 January 2006
MP calls for ban on sweetener Aspartame
A Liberal Democrat MP is reported to have called for the sweetener Aspartame to be banned over fears it could cause cancer.
Aspartame is used in 6,000 food and drink..
Big rise in product recalls in the UK
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01 January 2006
Big rise in product recalls in the UK
The number of product recalls in the UK has shot up 16% over the last year according to research by Reynolds Porter Chamberlain (RPC). There were 166 recorded..
Pesticide increases risks of lung cancer
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01 January 2006
Pesticide increases risks of lung cancer
Workplace exposure to the common pesticide diazinon appears to increase the risk of lung cancer and possibly other cancers, a major study claims. According to the TUC publication “Risks”, new..
Personal injury claim fraudster gets jail
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01 January 2006
Personal injury claim fraudster gets jail
A landmark case has seen a claims fraudster jailed and ordered to pay costs of more than £33,000. The fraudster was an amateur footballer who claimed that he had injured..
Legal protection against discrimination extended
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01 January 2006
Legal protection against discrimination extended
The Government has announced new duties under the Disability Discrimination Act (DDA) 2005 which it says extend legal protection to thousands more people against discrimination.
“Some quarter of a million more people..
Proving negligence on the balance of probabilities
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01 January 2006
Proving negligence on the balance of probabilities
An employee failed to prove his employer was negligent in requiring him to lift pallets without a safe system of work. At first instance the Judge had concluded that..
Standard of care by consultant
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01 January 2006
Standard of care by consultant
A consultant sonologist at a tertiary referral centre was negligent in failing to appreciate, when carrying out an ultra sound scan of a child while she was in utero, that the..
Permission of court not required for withdrawal of pre-action admission
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01 January 2006
Permission of court not required for withdrawal of pre-action admission
CPR r 14.1, which dealt with admissions made by a party to an action, did not extend to admissions made before proceedings were begun. Accordingly a..
Comparator for female prison officer
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01 January 2006
Comparator for female prison officer
The hypothetical comparator for a female prison officer conducting a rub-down search of a male prisoner was a male prison officer conducting a rub-down search of a female prisoner, despite the..
Preference of expert evidence
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01 January 2006
Preference of expert evidence
In a claim for personal injury as a result of a road traffic accident, the Court of Appeal concluded that the trial Judge had made no error in his preference of expert..
Sex discrimination is a civil matter and not “matters spiritual”
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01 January 2006
Sex discrimination is a civil matter and not “matters spiritual”
An agreement between a minister of the Church of Scotland and the Church’s Board of National Mission whereby the minister undertook to perform the duties of..
Refusal to accept Part 36 offers not unreasonable conduct
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01 January 2006
Refusal to accept Part 36 offers not unreasonable conduct
A defendant’s refusal to accept Part 36 offers was not unreasonable conduct and should not be penalised in costs when it succeeded at trial. The Court of..
DVT not an accident under Warsaw Convention
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01 January 2006
DVT not an accident under Warsaw Convention
The onset of deep vein thrombosis (DVT) sustained during the course of or, arising out of, international carriage by air was incapable in principle of being an “accident” causing..
No duty to transfer proceedings to High Court
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01 January 2006
No duty to transfer proceedings to High Court
Section 42 of the County Courts Act 1984, as substituted, did not enable or oblige a judge of the county court to transfer to the High Court an..
MRSA victim in settlement
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01 January 2006
MRSA victim in settlement
A man has received “substantial” damages after settling claim against a hospital where he contracted MRSA. The man was left with severe injuries after contracting an infection after a triple heart by-pass..
Compensation cut for smoking negligence
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01 January 2006
Compensation cut for smoking negligence
A widow’s compensation for the death of her husband from cancer has been cut because his smoking also contributed to his death. He had been employed as a boiler maker at..
Union wins three unfair dismissal cases
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01 January 2006
Union wins three unfair dismissal cases
Trade union Amicus has won a pay-out of more than £63,000 for three members on grounds of their unfair dismissal from a textile company. Amicus took three members’ cases to..
Unfair dismissal claim succeeds
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01 January 2006
Unfair dismissal claim succeeds
An employment tribunal has awarded £6,370 to a woman who was unfairly dismissed by her employer. The woman, an accommodation worker at a university, was dismissed for entering a property out-of-hours and..
£220,000 settlement for widow
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01 January 2006
£220,000 settlement for widow
The widow of a man who fell 40 feet to his death when a hatch cover he was standing on gave way, has been awarded £220,000 in a settlement with her husband’s..
Compensation for stepladder fall
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01 January 2006
Compensation for stepladder fall
A woman has been awarded £6,500 in compensation after sustaining a fractured cheekbone in a workplace injury. She was awarded the sum in an out-of-court settlement, following a claim for damages against..
£2.8mn in damages for ambulance delay
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01 January 2006
£2.8mn in damages for ambulance delay
An ambulance service has paid £2.8mn in damages to a woman who took an overdose resulting in brain damage. The woman claimed that an ambulance took 30 minutes to reach..
Council loses two race discrimination cases
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01 January 2006
Council loses two race discrimination cases
The Court of Session in Scotland has ruled that one of Glasgow City Council’s race equality officers was discriminated against when he applied for a managerial role on an asylum-seeker..
£30,000 for homophobic bullying
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01 January 2006
£30,000 for homophobic bullying
A policeman has received an out-of-court settlement of £30,000 from his police force and police authority after he alleged he was subjected to homophobic bullying. He was reported to be claiming £400,000..
Six-figure damages for trampolining accident
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01 January 2006
Six-figure damages for trampolining accident
A young woman who lost a leg after a trampolining accident at a sports centre has been awarded six-figure damages. The claim was made through her father’s membership of trade union..
Award to counter-terrorist specialist
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01 January 2006
Award to counter-terrorist specialist
An employment tribunal has awarded £52,146 to a former police detective for loss of earnings and injury to feelings. The retired detective, a specialist in counter-terrorism, claimed that he had been prevented..
£750,000 for contaminated blood illness
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01 January 2006
£750,000 for contaminated blood illness
A man who contracted a rare degenerative illness after receiving contaminated blood products during an operation has been awarded a settlement of £750,000. The man sued the National Blood Service for..
Damages for cancer misdiagnosis
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01 January 2006
Damages for cancer misdiagnosis
A hospital trust has paid damages to a woman who was misdiagnosed with cancer and as a result had a kidney removed. It turned out that she did not have cancer but..
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