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Articles for January 2008
Seatbelts v body fat
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01 January 2008
The use of seatbelts in motor vehicles has, of course, dramatically reduced the number of serious injuries in road accidents. However, motor insurers will be appalled to note that some people aren’t using their seatbelts...
Corporate Manslaughter: A new risk to your business?
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01 January 2008
By Rachel Conran, Allianz Global Corporate & Specialty
Mobile Doctors acquires Medi-fiche
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01 January 2008
Mobile Doctors, the provider of medical reports for use in personal injury, medical negligence, employer and public liability cases, has announced the acquisition of Medi-fiche in a £1.2mn deal. Medi-fiche, which was founded in 2001..
Shortage of credible expert witnesses predicted
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01 January 2008
Law firm Browne Jacobson is predicting a shortage of credible expert witnesses to defend against the raft of claims expected next year as the credit squeeze continues to affect financial and property markets in the..
Increased limitation period proposed in Scotland
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01 January 2008
The Scottish Law Commission has recommended that the limitation period for personal injury actions be extended from three years to five years – in a move which it says is aimed at helping claimants and..
Reform of tribunals system proposed
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01 January 2008
Radical reforms to modernise the tribunals system have been set out in a consultation by the Ministry of Justice. The reform of the system began in April 2006 with the creation of the Tribunals Service,..
Racehorse owners urged to buy third party cover
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01 January 2008
The UK’s Racehorse Owners Association (ROA) has included third party liability insurance as a new benefit in its annual membership from 1 January 2008, as a result of a case due to reach court during..
DAS on claims settlement times
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01 January 2008
Legal expenses insurer DAS has said: “One year on from the Rogers v Merthyr Tydfil
test case, in which the Court of Appeal upheld the DAS 80e staged premium model, improvements in claims settlement times..
Claims Management Regulation: Fee Levels 2008-09
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01 January 2008
The Ministry of Justice has published the responses to its consultation on “Claims Management Regulation: Fee Levels 2008-09”. In its conclusion, the MoJ said: “The issue of fees payable to become authorised to provide the..
Work drivers and traffic injuries
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01 January 2008
At least one in four road deaths in Britain (26%) involves someone driving for work, according to Department for Transport (DfT) statistics uncovered by road safety charity Brake. In 2006, 858 people were killed and..
Union warning over dirty ambulances and superbugs
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01 January 2008
Dirty ambulances could help the spread of MRSA and other superbugs, UNISON has warned. A recent investigation carried out by the union shows that the cleaning of ambulances is haphazard and inadequate in some parts..
DoH report into rates of MRSA
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01 January 2008
The Department of Health has produced a report examining the variation in rates of MRSA between different hospitals between 2001 and 2006, and looking at the factors which have contributed to a 27% fall in..
No-win-no-fee affecting equal pay reviews
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01 January 2008
New research published by the Local Government Employers organisation has revealed that half of all councils have now undertaken equal pay reviews, but the ability of local authorities to undertake these reviews is being hampered..
Teacher compensation figures in Scotland
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01 January 2008
The Educational Institute of Scotland (EIS), the largest teaching union in Scotland, has revealed that Scotland’s education authorities and educational establishments have paid out over £250,000 in compensation and legal expenses as a result of..
E&O threat to US real estate professionals
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01 January 2008
Guy Carpenter has published “What’s the State of Your State? E&O Risk Uneven across the Country”, a state-by-state overview of the threat of errors & omissions (E&O) litigation on US real estate professionals. The report..
Review of business health and safety laws
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01 January 2008
The Chancellor Alistair Darling has launched a major review of business health and safety laws. The review will ask employers, workers and experts for their views on how the health and safety system can be..
Calls for study into air crew fatigue
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01 January 2008
The House of Lords Science and Technology Committee has called for a study into the long term affects of fatigue on air crew. As part of its “Science and Technology - First Report”, the Committee..
Aon’s P&I Pre-renewal Report 2007
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01 January 2008
The surge in costly P&I (protection & indemnity) pool claims in 2006 could be a sign of the times as booming shipping operations become more expensive, according to Aon’s P&I Pre-renewal Report 2007. In anticipation,..
Americans urged to test for radon in the home
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01 January 2008
The US Environmental Protection Agency (EPA) and the US Surgeon General have urged Americans to test their homes for radon, a cancer-causing radioactive gas that claims tens of thousands of lives each year.
Radon is the..
Emerging biological risks affecting workers
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01 January 2008
The European Risk Observatory has produced a report which identifies emerging biological risks that are most likely to affect workers in the EU. Farmers, healthcare workers or people in evolving industries such as waste treatment..
Swiss Re on Environmental Liability Directive
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01 January 2008
Swiss Re has said that the new liability regime in Europe, brought about by the EC Environmental Liability Directive (ELD), may provide business opportunities for insurers.
Swiss Re explained that the prime objective of the legislation..
2007 Update on US Tort Cost Trends
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01 January 2008
US tort costs totalled $247bn in 2006, which is approximately $825 per person and $57 less per person than in 2005, according to the “2007 Update on US Tort Cost Trends” from Tillinghast Towers Perrin...
US injury death rates increase
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01 January 2008
Injury death rates in the US rose more than 5% after a two-decade period of decline, according to a study released by the US Centers for Disease Control and Prevention. The study, “Morbidity and Mortality..
Judicial Hellholes 2007
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01 January 2008
The American Tort Reform Foundation has released its annual “Judicial Hellholes” report. It has named as “Hellholes” for the first time Clark County, Nevada and Atlantic County, New Jersey. They join perennial Hellholes South Florida,..
Nanotechnology awareness report from Which?
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01 January 2008
Despite the fact that they are already being used in a wide range of consumer products, most people have no idea what nanotechnologies are, according to new research carried out by the consumer association Which?.
The..
Cancer hazards from shiftwork, painting, and firefighting
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01 January 2008
The International Agency for Research on Cancer (IARC), part of the World Health Organisation, has found that there are cancer hazards associated with shiftwork, painting, and firefighting.
In its “IARC Monographs on the Evaluation of Carcinogenic..
Acrylamide link to ovarian and womb cancer
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01 January 2008
A study has suggested that a common chemical caused by frying, roasting or grilling may be linked to ovarian and womb cancer. The link relates to acrylamide which is produced when starchy foods are heated..
UK belief in compensation culture on rise
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01 January 2008
A survey has found that belief in a compensation culture is perhaps more prevalent than ever, with the majority of Britons (90%) agreeing that people are more likely now than five years ago to sue..
Employer fails to provide a safe system of work
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01 January 2008
The claimant was trying to lift a cone shaped casting that had fallen from a tray and become wedged. Whilst it was normal working practice for the crane to be used if fallen castings were..
Breach of Manual Handling Operations Regulations
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01 January 2008
The claimant was part of a four-man team, and was injured whilst helping to move four heavy machines weighing between 2800kg and 3100kg manually on skates. He was one of two men pushing the machine..
Prison officer and safety at work
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01 January 2008
The prison service should have informed one of its officers of a particular prisoner’s propensity to violence so that the officer could have taken extra precautions over his safety.
The claimant and a team of fellow..
Injured passenger in boot of drunk driver’s car
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01 January 2008
Contributory negligence discount was set at 30% for a claimant injured as a passenger riding in the boot of a vehicle driven by a drunken friend. He had volunteered to ride in the boot, a..
Appeal finds 100% contributory negligence
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01 January 2008
A young holiday maker was found to be liable for his own accident which resulted in a serious injury following his dive into the shallow end of a swimming pool
The trial Judge found for the..
Separate heads of damage for harassment
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01 January 2008
There should be no hard-and-fast rule whether separate heads of damage for harassment should be made for psychiatric harm, injury to feelings and aggravated damages. It all depended on the facts of the individual case.
The..
Costs assessment under collective CFA
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01 January 2008
In determining whether the costs of instructing costs consultants to conduct a detailed costs assessment under a collective conditional fee agreement were disbursements or profit costs, the issue was whether the solicitor remained responsible to..
Unfair dismissal and Asylum and Immigration Act
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01 January 2008
A local authority had summarily dismissed an employee under section 98(2)(d) of the Employment Rights Act 1996 because it believed that, as a Russian immigrant whose limited leave to remain had expired, she could not..
Damages over negligent GP consultation
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01 January 2008
The family of a woman who died from meningitis, just a day after being told to go home by an out-of-hours surgery, has been awarded £140,000 in damages. She was told she had a viral..
£8mn for girl born with cerebral palsy
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01 January 2008
A girl who was left with severe cerebral palsy after mistakes during her birth has been awarded more than £8mn in compensation. The girl, now 16, cannot walk unaided and her speech has been badly..
$1.6mn race discrimination lawsuit
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01 January 2008
Ford Motor Company, along with two related companies and a national union, will pay $1.6mn and provide other remedial relief to a class of nearly 700 African Americans to settle a major race discrimination lawsuit..
£3,750 for supermarket grape slip
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01 January 2008
A man has been awarded £3,750 compensation in an out of court settlement as a result of a slip accident at a supermarket store. As he walked down one of the aisles, he slipped on..
Council employee wins payout
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01 January 2008
A former council employee has been awarded a payout after a fall at work left him unable to remain in his job. The council paid £10,118 in injury compensation and £19,014 in costs and lost..
£14,275 compensation for VWF
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01 January 2008
A ground worker has received £14,275 compensation from two former employers following the development of vibration white finger. He used pneumatic drills and jackhammers continuously and was not made aware of the dangers of using..
Teacher’s family gets £85,000
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01 January 2008
The family of a local teacher who died after being diagnosed with mesothelioma has received damages of £85,000. The teacher was exposed to asbestos whilst working as a primary school teacher. The asbestos was around..
Cyclist sues council over stump in road
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01 January 2008
A council has agreed to an out-of-court compensation settlement of £5,250 for a 17-year-old boy who broke his wrist falling off his bicycle after it hit a stump left sticking out of the ground by..
$2.5mn in damages for race discrimination
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01 January 2008
The US Equal Employment Opportunity Commission (EEOC) has announced a major settlement of a race discrimination and retaliation lawsuit against Lockheed Martin, the world’s largest military contractor, for $2.5mn and other relief on behalf of..
Cyclist successfully sues driver
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01 January 2008
A man has received £6,500 in compensation after a bicycle accident. He suffered painful injuries after being knocked off his bicycle. He was cycling through a green traffic light when a driver executed a right..
£1.35mn settlement for motorcycle head injury
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01 January 2008
A woman who suffered a severe head injury whilst riding as a pillion passenger on a motorcycle has received a settlement of £1.35mn. The offer was made less than a week before the trial. The..
Brain damaged baby awarded £6.5mn
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01 January 2008
A girl has been awarded £6.5mn in compensation after suffering brain damage as a baby. She was born normally and sent home the same day. Midwives noticed she was jaundiced and three days later she..
£150,000 in compensation for asbestos exposure
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01 January 2008
A man who was exposed to asbestos while working at a Tyneside shipyard has been awarded more than £150,000 in compensation. He was exposed to asbestos while working as a plumber at a shipyard and..
Fighter jet technician wins damages
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01 January 2008
An aircraft technician who was injured whilst working on a fighter jet has been awarded £6,000 in compensation. He was carrying out maintenance work on the fuel tank of a Tornado ZA547 Aircraft. The task..
£30,000 in compensation for VWF
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01 January 2008
A man who claims he was forced out of his job after vibrating tools permanently damaged his hands has been paid £30,000 in compensation. His job required him to grind out defects on the forks..
£50,000 over leg injury
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01 January 2008
A man has received compensation of £50,000 when he was struck on the leg by a coupling hub. He was employed as a mechanical craft worker. He was asked to move a damaged coupling hub..
Security guard wins damages
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01 January 2008
A university security guard who suffered a broken collar bone and finger during a burglary in a campus launderette, has received over £13,000 in damages in an out of court settlement. He was working the..
Amputation worker wins damages
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01 January 2008
A man whose right leg had to be amputated following a devastating accident at work has been paid over £468,000 in damages. He worked as a manufacturing technician and was pulling a pallet truck into..
Compensation for mesothelioma
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01 January 2008
The widow of a coppersmith has received a substantial six-figure compensation payment after her husband was exposed to asbestos. The husband died from mesothelioma. He was exposed to asbestos as an apprentice coppersmith with two..
Damages for asbestosis
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01 January 2008
A fitter and turbine engineer who was exposed to asbestos by several employers has won over £30,000 damages after developing asbestosis. Asbestos was extensively used as an insulating material on pipes and machinery in the..
London buses sued over wheelchair ramps
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01 January 2008
Disability discrimination proceedings have been started against two London bus companies. According to Leigh Day, despite bus companies in London stating that all their buses have wheelchair ramps for their passengers to use, their client..
TV presenter claims unfair dismissal
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01 January 2008
A former GMTV presenter who was forced out of her job after her bosses discovered she suffered from epilepsy is reported to be claiming £485,000 for projected loss of earnings. The presenter told an employment..
Scotland to reverse House of Lords pleural plaques’ decision
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01 January 2008
The Scottish Government has announced that it is to introduce a bill to reverse the House of Lords’ recent judgment on pleural plaques. The provisions of the Bill would take effect from the date of..
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