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Articles for May 2008
“Baldness not a disability” shock
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01 May 2008
Terrible news for middle aged men everywhere. Baldness is not a disability. I know it has come as a shock to some of you, but apparently an employment tribunal has ruled that being called “baldy”..
Reform of Collective Redress in England and Wales: A Perspective of Need
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01 May 2008
By Professor Rachael Mulheron, Department of Law, Queen Mary University of London
Monthly Quota
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01 May 2008
“Risk assessments taken seriously and used properly provide a vital safeguard in a range of circumstances for staff and pupils. Claims by some schools that their failure to use them is because of bureaucratic burdens..
Inconsistencies highlighted in JSB Guidelines
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01 May 2008
The JSB (Judicial Studies Board) Guidelines, used by courts and legal practitioners to assess the damages in personal injury cases, show some startling inconsistencies, according to Browne Jacobson.
The firm has undertaken an analysis of the..
New president for APIL
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01 May 2008
The Association of Personal Injury Lawyers has appointed Amanda Stevens as its new president, taking over from Martin Bare. She is partner and head of personal injury at Charles Russell’s Guildford office and her work..
Report into Financial Ombudsman Service
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01 May 2008
A report by Lord Hunt of Wirral into the Financial Ombudsman Service has been published, entitled “Opening up, reaching out and aiming high – an agenda for accessibility and excellence in the Financial Ombudsman Service.”
Amongst..
Novae launches PI policy for IT professionals
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01 May 2008
Novae Insurance has launched a new product tailored for the IT industry: Professional Indemnity for IT Professionals.
Jon Morgan, Unit Head of Novae Insurance’s regional financial lines division, said it has been developed according to the..
PI provider for claims management companies
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01 May 2008
The Claims Standards Council has appointed Lockton’s Affinity division as the professional indemnity insurance provider to its 1,500 membership of authorised claims management companies. The scheme will be underwritten by Brit Insurance.
The appointment comes shortly..
Fifth of pool car fleets not roadworthy
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01 May 2008
Nearly a fifth of pool car fleets may not be roadworthy, leaving businesses exposed to extra costs and legal action, according to the RAC. Rigorous vehicle checking of over 21,370 pool cars conducted by RAC..
Latest MRSA figures show infections have stopped falling
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01 May 2008
The Health Protection Agency has published its latest quarterly report on MRSA bloodstream infections which shows that there were 1,087 cases reported in England during the October to December quarter of 2007. This represents a..
Lack of prosecutions for corporate manslaughter
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01 May 2008
Large companies are unlikely to be prosecuted for the new offence of corporate manslaughter for many years – even though deaths will have resulted from their serious management failures and will have met the new..
Call for protection for nail bar staff
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01 May 2008
Labour MP Phyllis Starkey is campaigning for increased protection for customers and staff in nail bars. The MP’s 10 Minute Rule Bill, which would extend licensing for nail bars to areas outside London, was debated..
Control of Noise at Work Regulations
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01 May 2008
The entertainment industry, including pubs and clubs, must now implement the requirements of the Control of Noise at Work Regulations 2005 which replaced the Noise at Work Regulations 1989, and came into force on 6..
US soldiers report post traumatic stress
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01 May 2008
Nearly 20% of US military service members who have returned from Iraq and Afghanistan - 300,000 in all - report symptoms of post traumatic stress disorder or major depression, yet only slightly more than half..
UK wire industry reduces accidents
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01 May 2008
The UK Steel Live Wire Accident Reduction Campaign, launched in July 2006, has surpassed its target of a 10% reduction in accidents by a significant margin. Overall accidents reduced in 2007 by over 17% and..
Health and safety survey reveals lack of training
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01 May 2008
British businesses are losing £250 a second in costs and payouts for needless accidents in the workplace, according to the British Safety Council (BSC). Millions of British men and women are at risk at work..
HSE told to increase inspections
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01 May 2008
The Work and Pensions Select Committee report has called for HSE to increase its deployment of resources to front-line inspection. Evidence to the Committee convinced it that increasing the number of inspections carried out by..
Select Committee warns about over-zealous consultants
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01 May 2008
The Work and Pensions Select Committee has released a report entitled “The role of the Health and Safety Commission and the Health and Safety Executive in regulating workplace health and safety”.
The Committee called on the..
HSC and HSE merge
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01 May 2008
The Health and Safety Commission (HSC) and the Health and Safety Executive (HSE) have merged to form a single national regulatory body responsible for promoting the cause of better health and safety at work, according..
Insurers warned over cost of climate change claims
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01 May 2008
The insurance industry should act now to protect itself from the cost of defending climate change claims as reported advances in scientific techniques move closer to establishing the link between specific weather events and global..
New report into state liability systems
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01 May 2008
Texas remains one of the ten worst legal climates in the country, according to “Lawsuit Climate 2008: Ranking the States”, an annual assessment of state liability systems conducted by Harris Interactive, a market research firm,..
Scientists highlight genetic basis of lung cancer
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01 May 2008
In a paper published in Nature, a worldwide consortium of scientists has claimed a major breakthrough for understanding the genetic basis of lung cancer. The international team of investigators have uncovered for the first time..
Hairdressers face cancer risk from dyes
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01 May 2008
Hairdressers may face an increased risk of cancer because of the dyes and other chemicals they work with, according to the World Health Organisation’s International Agency for Research on Cancer (IARC). “Occupation as a hairdresser..
Occupational and environmental cancer epidemic
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01 May 2008
A global epidemic of preventable industrial cancers is killing hundreds of thousands each year because governments and employers are failing to take simple and effective preventive action. Top cancer prevention experts from around the world,..
Sunbed users risk skin cancer
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01 May 2008
Eight out of 10 sunbed users have increased their risk of a life-threatening form of skin cancer by around 75%, according to Cancer Research UK. A survey of 4000 people, commissioned by the charity, has..
Formaldehyde link to Lou Gehrig’s disease
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01 May 2008
Preliminary results show that a common environmental chemical may increase the risk of developing amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease, according to research presented at a recent meeting of the American..
Trans fatty acids double risk of breast cancer
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01 May 2008
Research published in the American Journal of Epidemiology has showed that the risk of breast cancer was doubled in women having higher serum levels of trans fatty acids. The trans fatty acids studied are those..
Warning over the rise in ‘personal injury tourism’
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01 May 2008
Despite efforts by the EU to simplify the interpretation of national laws, the UK insurance industry is being exposed to significant risk from complex cases involving motorists of differing nationalities, according to Browne Jacobson.
Although the..
Award limited for future loss of earnings
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01 May 2008
A 24-year-old man injured in a car crash was working as a warehouse technician for a company that provided lighting for the entertainment industry. He was earning £13,000 gross per annum but presented his claim..
Lump sum for catastrophic injury not periodical payments
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01 May 2008
A passenger injured in a car crash accepted that his damages should be reduced for contributory negligence by reason of his failure to wear a seatbelt, and by reason of his decision to ride as..
Civil claim over shooting by police
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01 May 2008
A civil claim against the police for battery by the family of an unarmed man shot dead during a police raid was not to be struck out despite the responsible officer’s acquittal of murder because,..
The question of “more advantageous”
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01 May 2008
Where a claimant had obtained judgment as to liability, and an award in damages of a sum exceeding an earlier payment in, a judge was empowered by CPR r 36.14(1) to adopt a broad approach..
Time-barred damages claim
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01 May 2008
Any claim in respect of injuries sustained by the claimant in a hot-air balloon landing in England was governed by Schedule 1 to the Carriage by Air Acts (Application of Provisions) Order 1967 (the Non-International..
Human Rights Act 1998 and limitation
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01 May 2008
In the context of CPR Pt 11, the limitation provisions within s 7(5) of the Human Rights Act 1998 provided a defence to a claim rather than going to jurisdiction, so that a failure to..
Solicitors’ liability and clinical negligence
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01 May 2008
Solicitors who had negligently failed to prosecute a claim for damages for clinical negligence, including a claim for future loss, with the result that the claim had not been set down by the date of..
Road crash victim gets £42,000
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01 May 2008
A man who was injured in a car crash has received £42,000 in compensation. He was a rear seat passenger in a vehicle which lost control, crossed onto the wrong side of the carriageway and..
Hand injury compensated
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01 May 2008
A man has received £6,000 compensation after suffering a hand injury at work. He was using a milling machine to profile and shape metal when a spring failed causing the handle to swing round and..
Award over thumb injury
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01 May 2008
A man has received £10,000 compensation after crushing his thumb at work. He worked as a contractor on a building site when the accident happened. He was walking along a designated walkway on site when..
Out of court settlement over burns
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01 May 2008
A man has received £10,000 in an out of court settlement after a burn injury at work. He worked at a foundry when he received severe burns after being splashed with molten metal. He was..
Damages for neck injury worker
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01 May 2008
A man has been awarded compensation for an injury at work caused by a defective hoist. He was awarded £40,000 compensation in an out of court settlement, just days before his case was due in..
Soldier shot on training exercise wins damages
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01 May 2008
A soldier who was accidentally shot as a result of a negligent discharge while on live firing training exercises in Canada has received a settlement of £30,000 from the Ministry of Defence. The claimant suffered..
MoD settles mistaken injection case
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01 May 2008
A settlement of £10,000 was agreed with the MoD in this military accident case on behalf of a serving Lance Corporal who was mistakenly injected with a live Combo Pen while on NBC training exercises..
Vibration white finger damages
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01 May 2008
A man has received £12,478 for vibration white finger. He was employed as a ground worker for a council, a civil engineering firm and a Tarmacadam contractor. His vibration white finger was caused by excessive..
Noise induced hearing loss award
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01 May 2008
A man has received £7,500 in compensation for noise induced hearing loss in an out of court settlement. He was employed as an inspector and as a leading hand. His job as a leading hand..
Woman wins supermarket compensation
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01 May 2008
An 88-year-old woman has received £34,000 compensation after being injured in an accident at her local supermarket. She was riding her mobility scooter down a path leading to a car park at her local supermarket..
Family receives £149,000
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01 May 2008
The family of a man who died from an asbestos-related disease has received £149,000 in compensation. The man died after being diagnosed with mesothelioma. His condition was critical when first diagnosed. He was told that..
Thick gloves led to finger injury
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01 May 2008
An electrician has received nearly £8,000 in compensation after being injured at work. He suffered an injury to the end of his left index finger including a fracture and disruption of the nail bed and..
Care worker wins damages
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01 May 2008
A woman has received £17,500 in compensation after a workplace accident caused injury which led to back pain and psychological problems. She was employed as a care assistant at a residential home when she had..
Man compensated for broken ankle
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01 May 2008
A man has received £8,000 in compensation after he broke his ankle at work. He was contracted out by his employer and was working as a roofer when he broke his ankle on site. His..
£203,474 in damages for mesothelioma
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01 May 2008
A man who was diagnosed with mesothelioma has received £203,474 in compensation. He worked at the British Rail Doncaster Plant Works for most of his working life between 1961 and 1997. He was employed as..
£65,000 in damages over asbestos exposure
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01 May 2008
A man who developed lung cancer after being exposed to asbestos in the workplace has received £65,000 in damages. He was exposed to asbestos while working as a colour stillman. His employer made asbestos roofing..
MoD pays back injury compensation
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01 May 2008
A Ministry of Defence (MoD) stores assistant who suffered a serious back injury due to continuous heavy lifting and whose employer then failed to shift her to lighter work has received £60,000 in compensation.
She injured..
£230,000 compensation for gas explosion
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01 May 2008
A gas explosion in a pub which wrecked the career of the gas worker called to investigate a reported gas leak has resulted in a substantial damages payout.
He had been called out to investigate a..
RTA victim wins damages
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01 May 2008
A man who was knocked unconscious outside his home by an under age driver has secured over £8,000 damages. The man was diagnosed a hairline fracture of the skull. He was knocked down by a..
£180,000 in mesothelioma compensation
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01 May 2008
A former British Rail worker has been awarded £180,000 in compensation after exposure to asbestos in the workplace. He was diagnosed with mesothelioma after he was exposed to asbestos while working as a fireman, boiler..
Damages over lifting heavy objects
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01 May 2008
A man who was injured at work from lifting heavy objects has received £20,000 in compensation. He was working as a waste disposal operative when he severely injured his abdominal muscles in the accident. At..
TA soldier injured in Iraq gets compensation
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01 May 2008
A TA soldier who was injured after having been called up for regular service with the Army in Iraq has received an out of court settlement of £70,000. While undertaking a routine patrol, he was..
Asbestos damages awarded
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01 May 2008
A man has been awarded £20,000 in provisional damages after being exposed to asbestos in the workplace. He developed asbestosis after being exposed to asbestos while working for a shipyard during the 1960s. He said..
Mesothelioma widow wins damages
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01 May 2008
The widow of a man who died from mesothelioma has secured £120,000 in compensation in an out of court settlement. He was exposed to asbestos while working as an improver apprentice and then a production..
£180,000 over loss of fingers at birth
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01 May 2008
A child who lost his fingers as a result of a hospital error soon after he was born has received £180,000 in a settlement for compensation. The child was born prematurely, and a few days..
£2.4mn in damages for cerebral palsy
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01 May 2008
A girl who was left with cerebral palsy after her ventilator settings were mismanaged at birth has been awarded £2.4mn in damages. The NHS Trust involved admitted liability. She will receive a lump sum of..
£355,500 damages from Motor Insurers Bureau
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01 May 2008
A woman has been awarded £355,500 by the Motor Insurers Bureau (MIB) following a crash on the M4 motorway. The crash was caused by a driver who failed to stop at the scene and who..
Post traumatic illness after head injury
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01 May 2008
A man who suffered post traumatic illness after suffering a head injury at work has received £13,750 compensation. He suffered head injuries, which led to the illness, whilst working as a JCB mechanical loading shovel..
Pothole slip and trip award
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01 May 2008
A man has received £20,000 in compensation after tripping in a pothole adjacent to tram tracks. He was walking along a road when he decided to cross the road which required him to also cross..
Council racially discriminated applicant
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01 May 2008
A council has been ordered to pay £26,000 in compensation after it was judged to have racially discriminated against a job candidate. The council reportedly was unable to explain why it had not shortlisted a..
Potential claimants over Parkinson’s drugs
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01 May 2008
Leigh Day & Co has reported that it has received enquiries from a number of UK residents who have been taking cabergoline. They are reportedly concerned about the possibility of developing heart valve damage because..
Convictions for corporate manslaughter could soar
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01 May 2008
Corporate manslaughter convictions could rise significantly under the new Corporate Manslaughter Act that came into effect on 6 April 2008, according to Aon. UK companies responsible for rail crashes, ferry disasters and work deaths, which..
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