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Articles for July 2008
Changes to Employers’ Liability (Compulsory Insurance) Regulations 1998
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01 July 2008
The Government has responded to the consultation seeking views on recommendations for changing the Employers’ Liability (Compulsory Insurance) Regulations 1998. The Administrative Burdens Measurement Exercise (ABME) in 2005/6 identified the requirement to display employers’ liability..
Monthly Quota
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01 July 2008
“If the same number of cattle were affected by a disease, the Daily Mail and others would argue that compensation should be at the top of the list, and that it should be a priority..
Kennedys and Davies Lavery to merge
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01 July 2008
Insurance law specialists Kennedys and Davies Lavery have announced their decision to merge from 1 September 2008. The newly merged firm will be known as ‘Kennedys’ and will number some 110+ partners and a total..
Construction firms warned over Corporate Manslaughter law
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01 July 2008
Following recent Corporate Manslaughter legislation, construction businesses that do not meet Health & Safety standards will be more exposed to major liability exposures than ever, according to Lockton’s latest Market Watch bulletin.
Lockton’s Real Estate and..
Government review of no win no fee announced
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01 July 2008
A research based review of no win no fee arrangements in England and Wales has been announced by the Ministry of Justice. The study, by senior academics, will look at whether no win no fee..
ATE premiums could double
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01 July 2008
Insurance companies should brace themselves for higher costs associated with no win, no fee cases following the recent decision of the Court of Appeal in Carver v BAA, according to insurance specialists at Browne Jacobson.
Typically,..
Chubb launches Masterpro for media companies
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01 July 2008
Chubb Insurance has announced the launch of Masterpro, a one-stop-shop package covering the needs of individuals and organisations with content exposures. The cover is aimed at advertisers, advertising agencies, broadcasters, publishers and video and film..
EUclaim sets up in UK
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01 July 2008
Dutch company EUclaim has set up an office in the UK. EUclaim specialises in gathering and analysing flight data, which it uses to assist passengers who suffer flight cancellations or long delays and are in..
DoT publishes road casualty statistics
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01 July 2008
The Department of Transport has published “National Statistics on road casualties in Great Britain in 2007”, which relate to casualties in accidents reported to the police.
The number of people killed in road accidents fell, by..
NHS urged to be more proactive over MRSA
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01 July 2008
Marsh has urged the NHS to be more proactive in managing the threat of MRSA, warning that the consequences of inaction runs into the hundreds of millions of pounds every year.
Speaking at a conference examining..
Local authorities hold back cash for pavement claims
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01 July 2008
A new report by Help the Aged has revealed that local authorities in England, Wales and Scotland are holding back millions of pounds to cover the potential cost of personal injury claims when people fall..
Zurich extends D&O wording
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01 July 2008
Zurich is to issue an extension of coverage for its Directors’ & Officers’ (D&O) policy wording in response to the new law and procedures now in place under the Companies Act 2006 governing shareholder derivative..
UK law firms face increase in professional liability claims
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01 July 2008
The economic downturn in the US and many parts of Europe, caused by the contraction of readily available credit in some spheres, will increase the incidence of professional liability claims against UK law firms during..
Mixed reaction to enforcement report
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01 July 2008
The “Crisis of enforcement” report has had a mixed reception. Liberal Democrat Shadow Work and Pensions Secretary, Jenny Willott said: “It is deeply worrying that fatal accidents at work are being brushed under the carpet...
“Crisis of enforcement” report on fatal injuries at work
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01 July 2008
At least twice as many people die from fatal injuries at work than are victims of homicide, according to a new report from the Centre for Crime and Justice Studies. The report found that at..
Risk assessment campaign launched by EU
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01 July 2008
Every year 5,720 people die in the European Union as a consequence of work-related accidents, according to EUROSTAT figures. In addition, the International Labour Organisation estimates that an additional 159,500 workers in the EU die..
HSE study into disproportionate health and safety
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01 July 2008
The Health and Safety Executive has published a study into excessive health and safety, or as it prefers to call it: “Evidence based evaluation of the scale of disproportionate decisions on risk assessment and management.”..
Work-related fatal injuries statistics from HSE
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01 July 2008
Provisional figures of work-related fatal injuries in Great Britain issued by the Health and Safety Executive (HSE) reveal that 228 workers lost their lives as a result of accidents/incidents at work in 2007/08 compared to..
Bill increasing H&S penalties in Lords
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01 July 2008
A bill is going through the House of Lords which will bring in tougher penalties for those who breach health and safety laws. The Health and Safety (Offences) Bill was brought in by Keith Hill..
Positive H&S approach means more profit
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01 July 2008
Organisations adopting a proactive approach to health and safety management tend to be more profitable and have lower accident rates, according to new research commissioned by the Institution of Occupational Safety and Health (IOSH).
Academics at..
No mass claims from cryptosporidium outbreak
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01 July 2008
The discovery of the parasite cryptosporidium at an Anglian Water treatment works in Northamptonshire should not result in a mass of claims, as timely warnings should have minimised the effect on public health, according to..
US lawyers target tomato victims
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01 July 2008
The US American Tort Reform Association (ATRA) has revealed that just two days after news of salmonella-tainted tomatoes hit the US media, and despite the fact that the Food and Drug Administration was still searching..
US firms don’t buy separate foreign D&O policies
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01 July 2008
Only 3% of US survey participants with international operations have purchased separate Directors and Officers (D&O) liability insurance policies for other individual countries, according to the 2007 US Survey on Insurance Purchasing and Claims Trends..
Insurance industry accused of acting like “jackals”
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01 July 2008
Michael Clapham MP, the chair of the UCATT parliamentary group has described the insurance industry as acting like “jackals” in their concentrated attack on paying compensation to victims of industrial illnesses. Mr Clapham was speaking..
400,000 people quit smoking since ban
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01 July 2008
Smokefree law in England has helped more smokers to quit than ever before and will help prevent an estimated 40,000 deaths over the next 10 years, according to new research funded by Cancer Research UK,..
Scotland bans under-18s from using sunbeds
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01 July 2008
The Scottish Parliament has brought in new laws which ban the use of sunbeds by under-18s. The laws are part of the recently passed Public Health etc (Scotland) Bill. The “Regulation of Provision of Sunbeds”..
EC report: safety measures in the toy supply chain
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01 July 2008
The European Commission has produced an expert report entitled “Evaluating business safety measures in the toy supply chain”. European Consumer Affairs Commissioner Meglena Kuneva said that the study was undertaken after a series of high..
Medical Mix
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01 July 2008
A study has shown that prolonged seated immobility at work may represent a risk factor for deep vein thrombosis (DVT). The study was carried by researchers in New Zealand and was published in the Journal..
Single Equality Bill welcomed
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01 July 2008
The Equality and Human Rights Commission has welcomed the new Single Equality Bill. Trevor Phillips, Chair of the Commission, said: “This is the first step in a new generation of equality law. We want to..
Government announces new measures in Equality Bill
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01 July 2008
The Government has announced new measures which will streamline and strengthen discrimination legislation, including banning age discrimination.
The Equality Bill will include powers to ban all unjustified discrimination against older people, such as denying them medical..
Equality taskforce launched
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01 July 2008
Harriet Harman, Minister for Women and Equality, has launched an expert equality taskforce that will “subject the root causes of inequality to unparalleled scrutiny”.
The National Equality Taskforce will consist of leading academics with cutting-edge research..
Lloyd’s warning on future liability crisis
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01 July 2008
Businesses could be facing a future liability crisis if they do not face up to growing litigation issues, Lloyd’s has warned. In a new report ‘Directors in the Dock - is business facing a liability..
Government failure to implement Community law
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01 July 2008
A cause of action for damages against the Government for failure to implement Community law and provide a remedy in a personal injury case accrued as soon as some measurable damage had been suffered.
The Court..
Claim in negligence and criminal conduct
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01 July 2008
A claim in negligence was not defeated by public policy unless the claim or a head of claim was inextricably bound up with or linked to the claimant’s criminal conduct. Where the depression the claimant..
No disability discrimination over subletting
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01 July 2008
A landlord’s claim for a possession order against a disabled tenant who sublet the premises in breach of the tenancy agreement did not amount to unlawful discrimination for a reason which related to the tenant’s..
Rugby club vicariously liable for injury
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01 July 2008
A tortious assault by one rugby player on a member of the opposing team during a match was so closely connected with his employment by the rugby club that it was fair and just to..
Rail company not in breach of PUWER
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01 July 2008
A train driver retired on grounds of ill health, and towards the end of his working career he developed sciatica and he alleged that the seating arrangements in some of the train cabs aggravated his..
Claimant succeeds in bouncy castle claim
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01 July 2008
The High Court held that parents who had hired a bouncy castle for their triplets’ 10th birthday party were liable when the claimant sustained a serious head injury whilst playing on the bouncy castle. The..
Slip and trip award
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01 July 2008
A woman has received £6000 in compensation after she was injured in a slip whilst at work. The cleaners had polished the laminate flooring and left a residue on the floor which caused her to..
£220,000 for ladder fall
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01 July 2008
A man has been awarded damages of £220,000 after he sustained injuries to his back and shoulder when he fell from a ladder in the course of his employment. He has not been able to..
£300,000 compensation for RTA
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01 July 2008
A woman has received £300,000 compensation after being badly injured in a road traffic accident despite the negligence of her former solicitors putting her claim in jeopardy. She was travelling in a car that collided..
Incorrect dosage of medication
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01 July 2008
A woman has received £70,000 in compensation after she was prescribed an incorrect dosage of medication which caused injury. She was initially incorrectly prescribed the medication by her GP. She was then supplied with the..
Fractured skull compensation
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01 July 2008
A man has received £20,000 compensation after suffering a fractured skull at work. He was working on a mobile crusher and had to remove any objects that would not go through the jaws of the..
Damages for bike hit by road sweeper
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01 July 2008
A man who was knocked off his bike by a road sweeper and then suffered a stroke has secured over £200,000 in compensation. He suffered injury to the back of the head and severe bruising..
£76,000 in compensation for mesothelioma
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01 July 2008
The widow of a painter and decorator, who died of mesothelioma, has received over £76,000 in compensation. He had worked as a painter and decorator and was exposed to asbestos due to the artexing which..
Burns injury at work
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01 July 2008
A man has received over £9000 in compensation after suffering injuries in a work accident. He sustained burns during the course of his work when a hot substance spurted from a machine under high pressure..
£30,000 in damages for car accident
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01 July 2008
A man who was medically retired following a car accident has received £30,000 in damages. He was injured when a car drove into the side of his vehicle and pushed his car into the concrete..
£140,000 mesothelioma damages
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01 July 2008
The family of a former UNISON member has received more than £140,000 in compensation following his death from mesothelioma. He was exposed to asbestos while working for Greater London Council (GLC) and Haringey Council. He..
£25,000 RTA damages
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01 July 2008
A woman has received £25,000 in compensation after a road traffic accident left her with physical and psychological injuries. She lost consciousness after being involved in a collision with an HGV on the motorway. She..
£90,000 award for stair fall
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01 July 2008
A woman has received £90,000 compensation after falling down a flight of stairs at her office. She tripped on one of the non-slip strips which had become dislodged. She suffered a serious fracture to her..
Mesothelioma damages of £112,000
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01 July 2008
A man who was diagnosed with mesothelioma has received £112,000 compensation. He was exposed to asbestos whilst working for a steel company as a blast furnace top shift foreman. All of the lagging in the..
£35,000 RTA damages
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01 July 2008
A woman received nearly £35,000 compensation after a road traffic accident left her with psychological injuries. She was travelling as a passenger when the vehicle she was in was involved in a crash. She suffered..
Pothole caused bike accident
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01 July 2008
A man has received £11,000 compensation in a claim against a council. He was cycling along a street when the wheel of his cycle dropped into a pothole and he fell onto the road. He..
Finger amputation award
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01 July 2008
A man has received £12,000 compensation after being injured in an accident at a DIY superstore. He was assisting with the cutting of a granite worktop that he wished to purchase from the. His finger..
£100,000 mesothelioma compensation
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01 July 2008
A former plumber who was diagnosed with mesothelioma has received £100,000 compensation. He was exposed to asbestos several times during his employment history, however, mainly whilst working for a steel company as a plumber. Any..
Hand crushed by skip
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01 July 2008
A labourer has received £23,500 compensation after being injured at work. He was stood between two skips when, suddenly and without warning, one of the skips was moved, trapping his hand. It was understood that..
Award for slip and trip
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01 July 2008
A woman has received £15,000 compensation after suffering painful injuries in a fall in a public place. She sustained a fractured ankle as a result of an accident that occurred in the grounds of a..
Skip lorry accident
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01 July 2008
A man has received £8000 compensation after he suffered a fractured middle finger, bruising and abrasions to his hand, face, knees and a blunt trauma to his chest in a work accident. He was an..
Turner & Newall Scheme payment
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01 July 2008
The family of a woman who died after being diagnosed with mesothelioma has received compensation the Turner & Newall (T&N) Scheme. According to her lawyer, the value of the mesothelioma claim under the scheme would..
Unfair dismissal award
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01 July 2008
A man who was unfairly dismissed from his job has been awarded £18,450 in compensation. He was called into his manager’s office and told that his work was no longer good enough. He was immediately..
Hand injury compensated
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01 July 2008
A builder has received £25,000 compensation after being injured in a work accident.
He was walking along scaffolding carrying a heavy concrete block when he suddenly tripped on some scaffold batting which was the incorrect size..
Farmer sued for £1mn over cow attack
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01 July 2008
A businesswoman who was trampled by a herd of cows as she was crossing a field is suing a farmer for £1mn. The company director appeared at court in a wheelchair. She had used a..
School caretaker sues over ladder fall
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01 July 2008
A school caretaker who was injured falling off a six-foot stepladder is suing his employer for up to £50,000 claiming he was not trained how to use it properly. He says his bosses did not..
Court of Appeal overturns damages
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01 July 2008
A man paralysed from the neck down in a climbing wall accident has been left without any damages in a Court of Appeal ruling which warned that those involved in risky pursuits may never be..
Scottish pleural plaques bill published
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01 July 2008
The Scottish Government has published a new bill overruling the decision taken by the House of Lords last October that asymptomatic pleural plaques do not give rise to a cause of action under the law..
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