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Articles for April 2011
Employment tribunal jurisdiction
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26 April 2011
The employment tribunal had jurisdiction to hear discrimination and unfair dismissal claims brought by claimants who had been employed by the Ministry of Defence (MoD) in the British section of international schools in Belgium and..
Conditional fee agreements and costs
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26 April 2011
A successful claimant was entitled to seek costs that included a success fee under a conditional fee agreement, where the agreement had been entered into between the claimant’s insurers and the lawyers acting for him..
Employment Appeal Tribunal decides questions of law
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26 April 2011
It bore repetition that in unfair dismissal disputes it was for the employer to take the decision whether or not to dismiss an employee; for the employment tribunal to find the facts and decide whether,..
Supreme Court holds employers liable for low-level exposure to asbestos By Fiona Gill and Margaret Thomas, Davies Arnold Cooper.
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26 April 2011
By Fiona Gill and Margaret Thomas, Davies Arnold Cooper
Damages for slip and trip injuries
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26 April 2011
A man who injured his wrist has received £20,000 in compensation. He was visiting a family member at his local hospital. As he was walking along the main hospital corridor, he slipped and injured his..
Irwin Mitchell survey on scrapping of default retirement age
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26 April 2011
According to a survey by law firm Irwin Mitchell, more than half (57%) of businesses believe the imminent scrapping of the default retirement age (DRA) will lead to an increase in the number of tribunal..
£6m for brain damage at birth
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26 April 2011
A man who suffered severe brain damage as a result of hospital failures has received a settlement of more than £6m. He has cerebral palsy caused by oxygen starvation at birth. A lump sum of..
£9,000 in compensation for fall at work
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26 April 2011
A man who was injured after a fall at work has received £9,000 in compensation. The bricklayer was working on the upper floor of a property refurbishment. While he was working, part of the floor..
Damages for road traffic accidents
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26 April 2011
A man injured in a road traffic accident has received £5,000 in compensation. He was left with an injury to his arm, which forced him to take time off work. He had been knocked off..
£50,000 in compensation for road injury
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26 April 2011
The family of a pensioner who was left seriously injured after being knocked down by a lorry while shopping has received £50,000 in compensation, just six months after she died. The woman, who was in..
Aon’s Airline Insurance Market Outlook 2011
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26 April 2011
According to the Aon Airline Insurance Market Outlook 2011, premium rose in line with industry growth in 2010, 4% more premium from 2009 and 10% more risk exposure based on passenger numbers, with rates, represented..
£80,000 damages for broken hip
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26 April 2011
A paraplegic who broke his hip when he was flung out of his wheelchair after it hit a pothole has received £80,000 in compensation. He was returning home from a night out at a concert..
£16,500 award for knee injury
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26 April 2011
A civil servant who suffered a serious knee injury when a faulty lift at the Ministry of Defence (MoD) went into free fall has received £16,500. An inspection report showed the lift had previously had..
£25,000 in compensation for hand injury
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26 April 2011
A man who was injured at work has received £25,000 in compensation. He was working with a saw blade at work when his hand slipped, causing the injury to his hand. His lawyer argued the..
£7m for brain damage at birth
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26 April 2011
The family of a young boy who suffered severe brain damage as a result of hospital failures have received a settlement of more than £7m. He has cerebral palsy as a result of mistakes made..
£100,000 in compensation for eye injury
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26 April 2011
A former painter and decorator who was nearly blinded in one eye after an accident at work has been awarded £100,000 in compensation. He was carrying out decorating work at a department store in London..
Ministry of Justice publishes civil justice system reform plans
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26 April 2011
The government has published its proposals for reform of the civil justice system in England and Wales to a chorus of support from insurers and disapproval from plaintiff lawyers. This response is not surprising. The..
Acas council welcomes government proposal on early conciliation
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26 April 2011
The Acas council has welcomed the government’s proposal for all potential employment tribunal claims to be offered early conciliation with Acas first. In its submission to the government’s consultation document “Resolving workplace disputes”, the Acas..
Asbestos awards for brothers in Australia
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26 April 2011
Two brothers, living in Australia, who developed asbestos diseases after they worked together for several years in the shipbuilding industry in Belfast, have received damages. One of the brothers contracted lung cancer and the other..
£60,000 in compensation for broken elbow
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26 April 2011
A man who broke his elbow after a fall at work has received £60,000 in compensation after he was left unable to do his job properly. He needed three operations on his elbow after he..
The Supreme Court of the United Kingdom: Mesothelioma Appeals
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26 April 2011
Sienkiewicz (Administratrix of the Estate of Enid Costello) (Respondent) v Greif (UK) Ltd (Appellant)
Knowsley Metropolitan Borough Council (Appellant) v Willmore (Respondent) [2011] UKSC 10
On appeal from the Court of Appeal [2009] EWCA Civ 1159..
No contributory negligence for the torts of assault and battery
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26 April 2011
Where a claimant sued a defendant for damages for the torts of assault and battery then, as a matter of law, the defendant could not assert there had been contributory negligence on the part of..
£3,175 in damages for back injury
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26 April 2011
A man who damaged his back in a workplace accident has received £3,175 in damages. The man, a train driver, was forced to take six weeks off work after he damaged his back while trying..
Transport committee – Fourth Report: The cost of motor insurance
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26 April 2011
Motor insurance premiums are rising rapidly, despite the long-term trend towards there being fewer casualties from road accidents. Young drivers in particular must pay especially large insurance premiums.
The high cost of motor insurance can cause..
£225,000 for leg and ankle injury
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26 April 2011
A man who broke his leg and injured his ankle has been awarded compensation of £225,000. The man was employed as a fencer when he was involved in an accident at work. His leg was..
£26,000 for clinical negligence claim
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26 April 2011
An elderly man who made a hospital negligence claim after a series of errors left him requiring additional operations has received £26,000 in damages. He had suffered serious pain in his gall bladder caused by..
£60,000 in compensation for Carpal Tunnel Syndrome
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26 April 2011
A council worker whose hands have been permanently damaged after using vibrating tools at work has received £60,000 in compensation. The landscape gardener has been forced to work a three-day week after developing Carpal Tunnel..
£650,000 in damages for road traffic accident
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26 April 2011
A man who broke his spine in three places in a road traffic collision has received more than £650,000 in damages after doctors sent him home from hospital saying he was merely suffering with whiplash...
£1.3m food poisoning claim settled
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26 April 2011
A man who was left disable as a result of salmonella poisoning has been awarded £1.3m in compensation. He contracted salmonella from food consumed from a local takeaway. He became so ill as a result..
ELTO ready to accept policy records from members
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26 April 2011
The Employers’ Liability Tracing Office (ELTO) said it is now able to start accepting data from insurer members for upload to the Employers’ Liability Database (ELD). Insurers are testing their systems to make sure their..
US Supreme Court to decide on immunity for generic drug industry
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26 April 2011
If the US Supreme Court grants the generic drug industry immunity for failing to warn of their drugs’ possible side- effects, patients will face a much greater risk in suffering injuries, according to the American..
£370,000 compensation for motorbike accident
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26 April 2011
A man has been awarded £370,000 compensation in a settlement after a motorbike accident left him with severe injuries, forcing him to retire early. He was left with serious injuries to his shoulder, neck and..
ABI responds to Government proposals on civil litigation reform Civil Litigation Reform: Insurers’ response
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26 April 2011
The Association of British Insurers (ABI) said the government announcement on civil litigation reform “will put the brake on runaway legal costs and mean a better deal for genuine claimants and insurance customers.” The ABI..
House of Commons Transport Committee report on cost of motor insurance
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26 April 2011
Fraud is one of the main factors driving up the cost of motor insurance, according to the cross-party transport committee at the House of Commons. Wider access to justice should not provide a licence to..
UCATT says protective equipment lawsbeing ignored
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26 April 2011
Construction union UCATT said it has exposed the growing problem of employment agencies ignoring safety laws on protective equipment and has called for the Health and Safety Executive (HSE) to take action on the matter...
XL expands product recall team in UK and US
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26 April 2011
XL Insurance has announced the expansion of its product recall team with new underwriters in New York and London. The move follows increasing demand for food and beverage product contamination cover, especially for North American..
Northern Ireland Assembly restores pleural plaques claim right
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26 April 2011
The Northern Ireland Assembly has passed the Damages (Asbestos Related Conditions) Bill NI, which restores the right to claim compensation for pleural plaques. The right to claim compensation for pleural plaques was ended by the..
APIL seeks judicial review over lack of discount rate review
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26 April 2011
The Association of Personal Injury Lawyers (APIL) has taken legal action after the Lord Chancellor failed to review the discount rate. APIL has issued proceedings for a judicial review after the Lord Chancellor, despite stating..
Government reveals changes to Britain’s health and safety system
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26 April 2011
Health and safety regulation will focus on high-hazard sites and tackling rogue employers and consultants, not tying up the vast majority of Britain’s businesses in unnecessary red tape and regulations, according to employment minister, Chris..
UK Bill of Rights commission announced
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26 April 2011
An independent commission to investigate the case for a UK Bill of Rights has been launched by deputy prime minister, Nick Clegg, and secretary of state for justice, Kenneth Clarke. The commission, to be headed..
Cost of motor insurance report ‘a missed opportunity’, ABI says
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26 April 2011
The Association of British Insurers (ABI) called the House of Commons transport committee’s report into the cost of motor insurance, a “missed opportunity”.
Nick Starling, director of general insurance and health at the ABI, said: “The..
Law Society welcomes justice select committee conclusion
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26 April 2011
The Law Society has welcomed the conclusion of the justice select committee, which said the government’s proposals for cutting the legal aid budget need “considerable further refinement” and theMinistry of Justice should assess the merits..
ISO launches Casualty Index in US
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26 April 2011
ISO, a provider of property/casualty insurance risk information, has launched the ISO Casualty Index, a service providing loss ratio and loss development trends for select lines of casualty insurance.
The index is based on ISO’s statistical..
Bar Council to explore viability of Contingency Legal Aid Fund
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26 April 2011
The Bar Council has established a working group to explore the viability of a Contingency Legal Aid Fund (CLAF) in the wake of the government’s response to its consultation on civil litigation costs. Alongside the..
Law Society responds to government proposals on legal aid
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26 April 2011
The Law Society has said although Lord Justice Jackson’s report made it clear the proposals could not be “cherry picked” and the provision of an effective legal aid system was “a given”, this appears to..
Thompsons responds to government proposals on civil justice
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26 April 2011
The proposals announced by justice secretary, Ken Clarke, will boost insurance companies’ profits, disenfranchise thousands of people who have a genuine personal injury claim and not save the government any money, according to law firm..
£6,500 in compensation for broken ankle
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26 April 2011
A man who fractured his ankle when he stepped into an uncovered drainage gully has received £6,500 in compensation. The gully should have been covered by a metal grill, but had been left in a..
Claims Standards Council responds to government proposals on civil justice
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26 April 2011
The Claims Standards Council (CSC) said, following the close of the consultation on February 14, it was totally bewildered by the recent government announcement on reform of the civil justice system, bearing in mind the..
Unions respond to H&S proposals
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26 April 2011
TUC general secretary, Brendan Barber, said: “Employers need to know there is the possibility of a safety inspector visiting, otherwise there will be no incentive for them to ensure they are protecting their workers. Removing..
£12,500 in compensation for bus injury
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26 April 2011
A man who broke his wrist when a bus caused him to fall has received £12,500 in compensation. He was injured when travelling on a bus; he fell when the bus braked suddenly. He required..
Survey reveals marked deterioration in local road condition
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26 April 2011
The16th annual local authority road maintenance (Alarm) survey, conducted on behalf of the Asphalt IndustryAlliance (AIA), has confirmed a marked deterioration in the condition of local roads, with the number of potholes over the past..
Kiln to write general liability risks
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26 April 2011
Kiln has launched a new liability function to underwrite and support general liability risks. The new product line, which will be led by Chris Jones, will initially focus on writing primary and excess business in..
£62,500 compensation for burns injury
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26 April 2011
A young woman who suffered burns and psychological harm after an accident at work has received £62,500 in compensation. She worked in catering at her local nursing home. She was injured when the oven in..
RAC report: 'Tackling the Deficit, Where Next
for Road Safety?'
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26 April 2011
Britain should be braced for a possible increase in the number of road deaths because of cuts to the road safety budget and traffic growth caused by economic recovery, according to a report called “Tackling..
One in six workers feels discriminated against in workplace
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26 April 2011
A new study from the Employers Forum on Age (EFA) has revealed one in six (16%) workers feels they have been discriminated against when applying for a job or promotion at some point during their..
Supreme Court decision affects experts in civil
proceedings
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26 April 2011
The Supreme Court has given a judgement that will affect accountants who act as experts in civil proceedings, either as expert forensic accountants in commercial litigation cases or on an ad hoc basis such as..
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