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Articles for October 2006
The social construction of bodily injury (Part One)
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01 October 2006
By Phil Bell, Royal & SunAlliance
In recent years, the UK has seen a sharp change in activity for claims arising from bodily injury. Undoubtedly, the attitude of the population has changed and with it comes..
APIL attacks ABI research on “added value”
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01 October 2006
Writing in the Law Gazette, Richard Langton, president of the Association of Personal Injury Lawyers, has attacked the Association of British Insurers’ recent research into the ‘added value’ of personal injury lawyers and its proposal..
Warning over foreign claimants pursuing claims in British Courts
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01 October 2006
A recent landmark case has drawn significant attention to the possibility of foreign claimants, injured abroad, pursuing their claims in British Courts, according to law firm Browne Jacobson.
A British claimant, injured in New South Wales..
Half of consumers to use new legal services providers
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01 October 2006
Nearly half of all consumers (46.9%) are willing to use new providers of legal services like divorce, residential property conveyancing and will writing when the Legal Services Bill becomes law, according to new research.
The research..
Staffordshire County Council Trading Standards wins DCA contract
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01 October 2006
The Department for Constitutional Affairs has offered Staffordshire County Council Trading Standards the contract to run the Monitoring and Compliance Unit for the regulation of claims management services. The Staffordshire Trading Standards team will be..
New executive team for Claims Standards Council
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01 October 2006
The Claims Standards Council has named the new executive team appointed to head up the trade body in its dealings with the new claims management regulator. The executive board is to be chaired by Andrew..
ABI complaint over claims regulation
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01 October 2006
The Times has reported that the Association of British Insurers (ABI) sent letters of complaint to the Treasury and the Department of Constitutional Affairs (DCA) “after learning that its members faced two layers of regulation..
Hiscox launches management liability policy
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01 October 2006
Hiscox Insurance Company has launched a new management liability policy developed to cover the liabilities of UK companies, their directors and employees. According to Hiscox, it has been introduced to address the significant rise in..
Flagstone Re and Sirius International to write aviation reinsurance
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01 October 2006
Flagstone Reinsurance Holdings and Sirius International Insurance have established an agreement to underwrite aviation reinsurance. Mario Montelatici of the Sirius Zurich office will underwrite Excess of Loss aviation reinsurance business on behalf of Flagstone Reinsurance.
Flagstone..
Junior doctors at increased risk of road traffic accidents
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01 October 2006
A new survey from the Royal College of Physicians shows that junior doctors are at increased risk of road traffic accidents driving to and from work. The annual survey of Specialist Medical Registrars shows that..
DoT research on contributory factors to road accidents
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01 October 2006
The Department for Transport has also published an article on contributory factors to road accidents. This article describes the scope and limitations of the information on contributory factors recently added to the national road accident..
DoT statistics on road casualties in Great Britain in 2005
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01 October 2006
The Department for Transport has published National Statistics on road casualties in Great Britain in 2005 which show reductions in both the number of road accident deaths and the number of serious injuries.
The report, “Road..
Law Society report on gay and lesbian solicitors
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01 October 2006
The Law Society has published its first report on the career experiences of gay and lesbian solicitors. The report focuses on the factors determining whether a gay or lesbian solicitor would be open about their..
Shift work and risk of prostate cancer study
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01 October 2006
A study in the American Journal of Epidemiology has examined the association between shift work and risk of prostate cancer incidence. It concluded that, compared with day workers, rotating-shift workers were significantly at risk for..
Employers still dismissing women with breast cancer
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01 October 2006
Despite changes in the law aimed at protecting workers with cancer from unfair treatment, a survey by the Disability Rights Commission has revealed that employers are still dismissing women with breast cancer rather than making..
Physiotherapists warns Government over musculoskeletal disorders
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01 October 2006
The Chartered Society of Physiotherapy has warned that the Government must protect investment in NHS staff and services to deal with the damage to more than 1mn British people with musculoskeletal disorders (MSDs), while employers..
Offshore safety statistics from HSE
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01 October 2006
The Health and Safety Executive (HSE) has published safety statistics for the offshore industry during 2005/06. The figures show that two workers were killed and 50 suffered major injuries. This compares to no fatalities and..
Latest aviation insurance statistics from Aon
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01 October 2006
Aon has reported that net hull premiums (lead terms) in 2006 are down by around 8.6% when compared to 2005, while 2006 net liability premiums (lead terms) are down by around 7.4% when compared to..
Max Re forms aviation insurance unit in Dublin
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01 October 2006
Max Re Capital has announced that its subsidiary, Max Re Ltd, has formed a dedicated aviation insurance unit that will operate from the company’s Dublin offices. The business will be led by Olivier Marre, senior..
GM crops “more of a liability than an asset”
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01 October 2006
In an article for the BBC News website, Dr Sue Mayer, director of GeneWatch UK, has argued that “GM crops still look more of a liability than an asset”.
Writing for the BBC’s Green Room feature,..
WWF report on industrial chemicals in foodstuffs
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01 October 2006
Industrial chemicals such as pesticides, PCBs and flame retardants have been found in food consumed throughout Europe, from dairy products to meat and fish, according to a WWF report.
The new report, “Chain of Contamination: the..
US medical interns in working hours and errors link
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01 October 2006
Nearly 84% of US medical interns reported that they are continuing to work hours that exceeded the limits of a 2003 national standard implemented by the medical profession, according to a new study. A related..
£70mn administration fees for Turner and Newall fund
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01 October 2006
The Yorkshire Evening Post has reported that “accountants and lawyers claimed a staggering £70mn in fees to administer a compensation scheme which left cancer victims with just 20% of the money they should have received.”..
Turner & Newall victims vote for £33mn Trust Fund
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01 October 2006
Victims of asbestos related diseases are to receive some compensation more than five years after the Turner & Newall group of companies went into administration. The Administrators, Kroll, have put together proposals for a £33mn..
Scottish law on mesothelioma compensation published
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01 October 2006
Legislation to allow mesothelioma sufferers to claim full compensation and their families to claim for their own grief and suffering has been published by the Scottish Executive.
Under the current law, sufferers of mesothelioma face the..
$200bn class action lawsuit approved over low tar cigarettes
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01 October 2006
A class action lawsuit over light or low tar cigarettes has been given the go-ahead by a judge in the US. The class action is reported to be on behalf of tens of millions of..
Passive Smoking Register set up for bar workers
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01 October 2006
A Passive Smoking Register is being established by union GMB Northern and Thompsons Solicitors to help protect bar, casino and nightclub workers. They are calling for those working in smoky environments to sign the register...
Defra launches scheme to address nanotechnology uncertainties
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01 October 2006
The Department for the Environment, Food and Rural Affairs (Defra) has launched a new initiative to work towards addressing any potential risks posed by the products of nanotechnologies. The Voluntary Reporting Scheme invites industry, research..
E.Coli contamination of spinach in the US
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01 October 2006
It seems an unlikely headline, but the repercussions appear to be serious. “Insurers Could Play Big Role in Aftermath of Spinach Recall” at first appears to be the sort of headline you would find on..
European Commission report on Product Liability Directive
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01 October 2006
The European Commission has published its third report on the application of Council Directive on the approximation of laws, regulations and administrative provisions of the Member States concerning liability for defective products.
The Commission concluded that..
Lung cancer risk and proximity to heavy industry
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01 October 2006
Living close to heavy industry may increase the risk of developing lung cancer, according to a report published in the UK by the University of Newcastle.
Over 200 women under the age of 80 with primary..
European Medicines Agency to review NSAIDs
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01 October 2006
The European Medicines Agency is to look again at the cardiovascular safety of non-selective non-steroidal anti-inflammatory drugs (NSAIDs). A year ago, the Agency’s scientific committee, the Committee for Medicinal Products for Human Use (CHMP), recommended..
Rise in number of operation errors in UK
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01 October 2006
It has been reported that operations in which patients have the wrong body parts removed have risen 50% in the last three years. Last year, at least 40 patients in the UK discovered they had..
Study highlights link between lead exposure and brain cancer
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01 October 2006
People who are routinely exposed to lead on the job are 50% more likely to die from brain cancer than people who are not exposed, according to a study by the University of Rochester Medical..
Insurance industry must check recruitment practices
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01 October 2006
Many in the insurance industry will need to review their recruitment practices to comply with the new Age Discrimination regulations, according to Reynolds Porter Chamberlain (RPC).
In common with other professional services sectors, insurance industry jobs..
Survey highlights lack of knowledge over age discrimination legislation
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01 October 2006
According to research carried out by Castle Cover, the insurer specialising in the over 50s, around 70% of those surveyed had never heard of the government’s soon to be launched age discrimination legislation. Of the..
Nearly a third of employees have seen age discrimination at work
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01 October 2006
Research from The Employers Forum on Age (EFA) has discovered that 16.6mn people in Britain (61%) in employment have been aware of ageist behaviour happening in their workplace. Almost a third (31%) said they’d worked..
Help the Aged survey on age discrimination
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01 October 2006
Nearly a third of respondents intending to work beyond state pension age who have taken part in a new national survey believe that employers won’t want to hire older workers, despite new laws designed to..
New Age Discrimination regulations introduced
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01 October 2006
The Government has brought in its new Age Discrimination regulations which it claims will give important new rights and responsibilities to every employee and business in Britain, and protect workers of all ages from discrimination..
R&SA research shows that charities do get sued
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01 October 2006
Royal & SunAlliance (R&SA) has released research that has dispelled the myth that charities don’t get sued. The research found that one in three people (14.7mn) in Britain would try to claim compensation from a..
Employer not obliged to extend sick pay for disabled employee
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01 October 2006
The Employment Appeal Tribunal (EAT) ruled that an employer is not obliged to extend sick pay for a disabled employee.
The claimant suffered from clinical depression and her condition amounted to a disability under the Disability..
Nervous shock claim and aftermath of accident
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01 October 2006
The court ruled that as the claimant had not come upon the aftermath of the accident, her claim for compensation for nervous shock was dismissed.
The claimant’s husband was injured in an explosion at work. His..
Occupier of dwelling liable for injuries sustained by visitor
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01 October 2006
The court ruled that the occupier of a dwelling was liable under the Occupiers’ Liability Act 1957 for injuries sustained by a visitor. The claimant sought damages from the defendant for damages arising out of..
Error in assessment of claimant’s injuries
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01 October 2006
The Court of Appeal has remitted a case for rehearing on the grounds that the trial Judge had made an error in his assessment of the claimant’s injuries and symptoms complained of.
The claimant brought a..
Bike crash boys wins £12,500 from store
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01 October 2006
A boy who was seriously injured when the brakes and steering failed on his bike has been awarded compensation of £12,500 by the store which sold the bike. The equipment failure caused the boy to..
Damages for train door neck injury
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01 October 2006
A woman has won £4,500 in damages from a train company after she was injured when her head was caught in the doors of the train. The woman was hurt after the doors closed, causing..
Mother wins case against law firm
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01 October 2006
A mother of three, who suffered serious medical complications following the birth of her first child, has finally received compensation for her injuries, which include being left incontinent. The legal battle lasted more than 13..
£184,000 for back injury
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01 October 2006
A woman has received damages in excess of £184,000 from her employers after she injured her back whilst trying to move a pub quiz machine. The woman attempted to move a “Who Wants To Be..
£2000 for crushed finger
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01 October 2006
A man has received an out-of-court settlement of over £2000 after sustaining a crush injury to his right middle finger leaving him with permanent injuries. The man suffered his injuries whilst employed as a junior..
Interim payout for mesothelioma victim
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01 October 2006
A 53-year-old asbestos victim with mesothelioma has won his case against his former employer and has been awarded a £40,000 interim payout. His lawyers say he could win a six-figure sum in damages, after his..
Head injury girl receives £2.1mn
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01 October 2006
A woman has been awarded £2.1mn after injuries that left her left brain damaged after being kicked in the head by a horse 10 years ago. She was injured while helping out at an equestrian..
Policeman wins bullying compensation
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01 October 2006
A policeman has won £18,000 after suing his employers for psychiatric injury and depression caused by bullying. He claimed he was bullied by senior officers, and while the judge ruled that colleagues did not deliberately..
£115,000 award for family of teacher
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01 October 2006
The family of a teacher who died from mesothelioma caused by low levels of exposure to asbestos has received a settlement of £115,000 from his county council, who accepted liability for his death. The school..
£400,000 damages for mesothelioma
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01 October 2006
A carpenter with mesothelioma has won a £400,000 damages payout in the High Court. He was regularly exposed to asbestos dust and fibres whilst working on three tower blocks in Stratford, East London between 1975..
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