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Articles for July 2006
Legal expenses insurers oppose small claims limit increase
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01 July 2006
The Legal Expenses Insurance Group (LEIG) has voiced strong opposition to any increase in the small claims limit for personal injury claims. Research by the Group concludes it would be highly detrimental to claimants for..
MPs urged to improve NHS Redress Bill
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01 July 2006
MPs have been urged to make improvements to the NHS Redress Bill at a special meeting in the House of Commons. MPs heard from Action against Medical Accidents (AvMA), the Medical Protection Society and the..
Legal Expenses Insurance Group formed
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01 July 2006
The Legal Expenses Insurance Group (LEIG) has been established by a number of leading legal expenses insurers and intermediaries. The Group said it will protect and advance the rights of claimants to justice and fair..
SNP calls for ‘no fault’ scheme for clinical negligence
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01 July 2006
The Scottish National Party (SNP) has called for a ‘no fault’ compensation scheme in cases of clinical negligence. SNP leaders claimed the present system for compensating victims of medical errors was long, costly and needlessly..
Pleural plaques cases put on hold
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01 July 2006
APIL and Norwich Union have reached an agreement to put pleural plaques cases on hold pending a crucial House of Lords judgment which could affect thousands of claimants. The insurer has agreed to extend the..
IUA sets up liability underwriters group
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01 July 2006
The International Underwriting Association (IUA) has set up a liability underwriters group to promote research into personal injury, emerging diseases, environmental insurance and product liability exposure in the pharmaceutical sector. The group is being chaired..
Odyssey Re sets up new UK casualty insurer
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01 July 2006
Odyssey Re Holdings has announced the formation of Newline Insurance Company Limited, a casualty-focused insurance company based in London. According to Odyssey Re, all necessary regulatory approvals have been granted by the Financial Services Authority..
Chelsea tractor drivers are more unsafe, says study
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01 July 2006
A recent study published in the British Medical Journal has revealed that drivers of four wheel drive vehicles are more likely to indulge in unsafe driving behaviours, such as using a hand held mobile phone..
ISO launches Personal Injury Claims Database
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01 July 2006
Insurance Services Office (ISO) Limited has launched a new initiative for Local Authorities and Councils. ISO’s Personal Injury Claims Database solution will help the 85% of Local Authorities that are experiencing a significant rise in..
Hiscox appoints D&O Underwriting Manager
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01 July 2006
Hiscox Insurance Company has appointed Callum Taylor as D&O Underwriting Manager. He joins from ACE European Group, where he was Senior Underwriter (D&O). While there, he was responsible for the successful development of its D&O..
XL launches ‘A PLUS D&O UK’
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01 July 2006
XL Insurance Ltd has announced that its UK-based professional lines business has added a new product specifically tailored to the directors and officers insurance market in the UK.
According to XL, the new product, known as..
QBE makes PI appointment
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01 July 2006
QBE has appointed David Harries to head up both its Lloyd’s and insurance company professional indemnity (PI) portfolios. According to Insurance Day, Mr Harries, who currently heads up QBE’s Lloyd’s PI portfolio since 2002, is..
Work-related injury statistics by UK regions
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01 July 2006
More people are injured as a consequence of work-related activity in North Warwickshire than in any other region of Great Britain, according to analysis of Health and Safety Executive (HSE) figures by the Chartered Society..
Study into men and workplace stress
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01 July 2006
Research into stress, sponsored by Vitabiotics Wellman, has found that 96% of men are experiencing workplace stress and more than one in three (37%) are turning to alcohol in an attempt to switch off from..
Stress at work can lead to hypertension
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01 July 2006
A study in the US has revealed that white collar workers who are stressed at work can suffer from hypertension or high blood pressure. The study, “A Prospective Study of White-Collar Workers,” was published in..
Virus outbreaks hit cruise ships
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01 July 2006
Cruise ships appear to be increasingly at risk of viruses, with three cruise ships reporting outbreaks of Norovirus in the last month. The cruise ship Van Gogh reported an outbreak of Norovirus aboard last month,..
ACE launches environmental liability cover for SMEs
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01 July 2006
ACE European Group has announced that it is offering “an extensive and affordable environmental liability cover specifically for smaller and mid-sized private and corporate businesses, as part of its existing liability and commercial package insurance..
US trial lawyers and President Bush
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01 July 2006
The Association of Trial Lawyers of America (ATLA) really doesn’t like President George W Bush. Its latest press release begins “Like a jack-in-the-box repeatedly springing up to spout nonsense, President George W Bush has again..
ILO adopts asbestos elimination resolution
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01 July 2006
The International Labour Organization (ILO) has adopted a Resolution which declares that the elimination of the future use of asbestos and the identification and proper management of asbestos currently in place are the most effective..
Asbestos exposure can cause cancer of larynx
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01 July 2006
Sufficient scientific evidence indicates that asbestos exposure can cause cancer of the larynx, according to a new report from the US Institute of Medicine of the National Academies. The committee that wrote the report said..
Union sets up asbestos exposure register
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01 July 2006
Trade union BECTU and its law firm Thompsons have set up a register for members who believe they have been exposed to asbestos. The union said that the register “is an invaluable database of information..
Scottish Parliament changes asbestos compensation legislation
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01 July 2006
The Scottish Parliament has pushed through a change in the law relating to asbestos compensation on the last day of the current parliamentary term. The decision to legislate arises from the House of Lords judgment..
“No risk-free level of exposure” to secondhand smoke
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01 July 2006
US Surgeon General Richard H Carmona has issued a comprehensive scientific report which concludes that there is no risk-free level of exposure to second-hand smoke. Non-smokers exposed to second-hand smoke at home or work increase..
Cadbury’s risk assessment called into question
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01 July 2006
As part of its investigation into salmonella contamination that led to Cadbury Schweppes’ recall of seven own-brand chocolate products, the Food Standards Agency has sought the views of the independent Advisory Committee on the Microbiological..
Cadbury recalls chocolate bars over salmonella fears
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01 July 2006
Cadbury Schweppes Plc recently recalled seven different own brand chocolate products due to possible contamination with Salmonella Montevideo. The company said “This being done purely as a precautionary measure as some of these products may..
Corpore highlights need for absence management
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01 July 2006
Corpore, an injury management service provider, has highlighted the importance of a proactive approach to absence management and rehabilitation. At a workshop at the recent AIRMIC conference, Corpore presented recent case studies illustrating how such..
Australian study shows occupational cancer rates underestimated
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01 July 2006
Every day 1.5mn Australians are exposed to carcinogens at work and about 5000 people a year develop some form of cancer due to occupation, according to a study by the Queensland Cancer Fund, published in..
New syndrome: seated immobility thromboembolism
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01 July 2006
A report in the New Zealand Medical Journal suggests that people who sit for long periods at a computer could be at risk of developing deep vein thrombosis (DVT). The researchers call the syndrome seated..
Lack of compliance with anti-age discrimination regs
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01 July 2006
UK organisations are largely unprepared to comply with the looming anti-age discrimination regulations when recruiting and selecting staff, according to Water for Fish, a people and organisation consulting company, owned by Aon Consulting.
The firm conducted..
DCA reveals Legal Services Commission statistics
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01 July 2006
The Department of Constitutional Affairs has revealed the number of matters started under Legal Services Commission (LSC) contracts in civil law for the years since 2000/01.
Personal Injury
Clinical Negligence
2000/2001
10,357
4570
2001/2002
7237
4892
2002/2003
5787
4584
2003/2004
4827
4076
2004/2005
3155
3693
2005/2006
2836
3519
(Projected total)
..
Newcastle to sue FA over Owen injury
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01 July 2006
Newcastle United is to seek damages from the FA following Michael Owen’s injury. The move to recoup part of the fee Newcastle paid for the player, his wages, the insurance paid to cover his wages..
“Fear of being sued” blamed for volunteer shortage
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01 July 2006
Girlguiding UK and the Scout Association have reported that there is a shortage of volunteers to run the organisations, at a time when waiting lists were increasing. Girlguiding UK has a waiting list of 50,000..
Employer held responsible for psychiatric injury caused by stress at work
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01 July 2006
A woman, employed as a finance assistant, made numerous complaints about pressure of work. She had a history of resolved post-natal depression (PND), requiring time off work after the birth of each of her two..
High Court should hear wrongful dismissal claims over £25,000
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01 July 2006
Where a claimant expected to recover more than £25,000 for wrongful dismissal, that claim should only be made in High Court proceedings. The findings of a tribunal in its judgment on an unfair dismissal claim..
Reduced share of liability
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01 July 2006
The Court of Appeal holds that the employer’s breach of the Manual Handling Operation Regulations 1992 was causative of the claimant’s injury but reduced their share of liability. A man was employed to deliver plumbing..
Pre-action conduct
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01 July 2006
Prior to litigation, the claimant made a global Part 36 offer of £3,409.95 upon disclosure of the medical evidence. The defendant responded 23 days later with a counter offer in the sum of £2,264.85. The..
Disapplying the time limit
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01 July 2006
The court had a wide and unfettered discretion under section 33 of the Limitation Act 1980 to disapply the time limit under section 11 in a personal injury action where it appeared equitable to do..
Law Society and compensation fund
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01 July 2006
The Law Society manages a fund to compensate clients who become victims of dishonest solicitors. Courts have accepted that the Law Society can seek compensation from negligent accountants in circumstances where the Society has paid..
Repudiating liability for an uninsured driver
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01 July 2006
The claimant was a passenger in a van being driven by his brother. The van was involved in a road traffic accident and he brought proceedings against his brother for the serious injuries that he..
Disabled woman wins damages for sacking
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01 July 2006
A 22-year old woman has won damages of £20,352.85 against a former employer who had sacked her after she had a stroke and became blind. According to the Disability Rights Commission (DRC), which supported the..
Male nurse wins sex discrimination case
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01 July 2006
A 29-year-old former student nurse who left the profession over concerns about how male nurses are treated, has won his appeal in his sex discrimination case against a London NHS Trust. His case was supported..
£600,000 for injured adventure travel guide
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01 July 2006
An adventure travel guide left paraplegic after the truck he was repairing toppled over and crushed his spine is to receive £600,000 compensation from his employers for failing to provide adequate equipment and training.
The man..
Man wins damages for ladder fall
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01 July 2006
A man has won £77,178 in damages after falling from a ladder. The moulding machine operator fractured his shin bone when he fell from an 8ft ladder. He was off work for eight months. Trade..
Compensation for Vibration White Finger
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01 July 2006
A man has been awarded a £7,500 compensation payout after he contracted the industrial disease Vibration White Finger (VWF). He used vibratory equipment at work for more than 20 years which resulted in the onset..
Primary school teacher wins bullying case
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01 July 2006
A primary school deputy head teacher has won her case for constructive dismissal. She claimed she was forced out of her job after being bullied by the head teacher. It was reported that the tribunal..
Chambermaid wins £1,750 for unfair dismissal
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01 July 2006
A chambermaid has won £1,750 for unfair dismissal at a Jersey employment tribunal. She was sacked after returning home to Portugal to visit her sick mother. She had left at short notice, missing the Xmas..
Compensation for electric shock-induced heart attack
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01 July 2006
A maintenance fitter has been awarded £2,438 in compensation after suffering an electric shock at work, resulting in him suffering a mild heart attack. He was disconnecting hydraulic pipes with a spanner, when he suffered..
£85,000 compensation for widow
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01 July 2006
A hospital has paid out £85,000 in compensation in an out of court settlement to the widow of a man who died of a haemorrhage. She sued the hospital for negligence, arguing that he could..
Unfair dismissal over stress
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01 July 2006
A woman has been awarded damages of £14,800 for unfair dismissal. The woman, who worked for a train company, went on sick leave and was dismissed on health grounds. She suffered from work-related stress after..
Student lawyer wins personal injury case
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01 July 2006
A student has been awarded £2,400 in compensation after crushing his hand while working in a local supermarket. He was awarded the sum in an out of court settlement. The man was working as a..
Football League’s professional negligence claim fails
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01 July 2006
The Football League has managed to win all of £4 in its claim for £150mn in damages from its former legal advisers in relation to a failed television deal. The case was believed to be..
Latex allergy nurse wins £260,000
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01 July 2006
A dental nurse with an allergy to latex gloves has won £260,000 in damages. Her career was ended as a result of her potentially fatal allergy to latex gloves. She worked for the RAF and..
£6.8mn damages for car crash victim
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01 July 2006
A car crash victim who was left with serious injuries has received £6.8mn in damages. He was a rear passenger in a car which crashed into a tree. He had sued the driver of the..
£136,000 for smashed elbow
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01 July 2006
A worker who tripped and injured his elbow has won £136,000 in damages. The man, a welder, tripped over a piece of tubing whilst carrying a large sheet of steel, and his elbow was smashed..
£40,000 for botched operation
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01 July 2006
A woman who was left incontinent for 12 months after a surgeon botched a routine gynaecological operation has been awarded £40,000 in compensation. She was admitted as a day surgery case, to remove an area..
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