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Articles for May 2012
Law Society responds to European Court of Human Rights’ consultation #
15 May 2012
The Law Society has participated in a series of consultations with the UK Government to improve the effectiveness of the European Court of Human Rights, but said attempts to screen cases going to the court..
Most European Human Rights rulings not against UK government #
15 May 2012
Research released by the Equality and Human Rights Commission shows that just a tiny minority of rulings by the European Court of Human Rights are against the UK government. The research shows that of the nearly..
Study into role of occupational carcinogens on lung cancer #
15 May 2012
An Italian study into exposure to occupational carcinogens has highlighted the substantial role of certain carcinogens on lung cancer. The study, “Impact of occupational carcinogens on lung cancer risk in a general population,” was published..
ABI calls for end to UK's "pain in the neck" culture #
15 May 2012
It’s all hotting up when it comes to whiplash. Insurers are stepping up the pressure for change, driven by the increasing level of claims, many of which cannot be independently proven. The Association of British..
Supreme Court in first judgements on age discrimination #
15 May 2012
The Equality and Human Rights Commission has said it believes the first judgements handed down by the Supreme Court on age discrimination will remind all employers of their responsibilities and help make the law clearer. “Age..
Doctors urged to explore work causes of asthma #
15 May 2012
New guidance produced by the Royal College of Physicians (RCP) has called on doctors to explore the potential job-related causes of asthma when diagnosing patients. An estimated one in six cases of asthma in people..
Call for assessment of new coins’ allergy risk #
15 May 2012
In a letter published in the British Medical Journal, a group of consultant dermatologists have called for allergy risk from Royal Mint’s new nickel plated steel coins to be publicly assessed. The Treasury is introducing Royal..
Survey reveals extent of teachers hit by stress #
15 May 2012
Four in ten education staff have been to the doctor and a quarter have taken sick leave from work within the current academic year because of the pressure of their job, according to a survey..
New president for Association of Personal Injury Lawyers #
15 May 2012
The Association of Personal Injury Lawyers (APIL) has announced that Karl Tonks, head of employers’ liability at Fentons Solicitors, has become the new president of APIL. He takes over from David Bott of Bott &..
Law Society criticises SRA on compensation fund for uninsured firms #
15 May 2012
The Law Society has said that the Solicitors Regulation Authority’s (SRA) decision to burden the Compensation Fund with professional indemnity insurance cover for uninsured firms should be rejected by the Legal Services Board. In its 2012..
TUC concerns over unfair dismissal changes #
15 May 2012
The TUC is concerned that the change in the law in which the qualifying period for protection from unfair dismissal has increased from one year to two years will also increase job insecurity, discriminate against..
European Occupational Safety and Health Survey #
15 May 2012
By European Agency for Safety and Health at Work Job-related stress is a concern for the large majority of the European workforce, according to the 2nd European Opinion Poll on Occupational Safety and Health. The survey,..
£50,000 settlement over freezer trauma #
15 May 2012
A coffee shop worker who was left traumatised after collapsing unconscious inside a walk-in freezer has received £50,000 in an out of court settlement. He was asked to fetch some food from a basement freezer...
Government delays mesothelioma no win, no fee reforms #
15 May 2012
The government has agreed to delay the implementation of reforms to no win, no fee cases relating to a mesothelioma victim seeking damages. The Law Society said this “welcome, albeit minor concession,” was in response..
Employment tribunal changes come into effect #
15 May 2012
Employment tribunal changes have come into effect that will “make it easier for businesses to take on staff, and improve the process when staff have to be let go,” according to the Government. It said..
Government launches Pothole Review #
15 May 2012
Local authorities across England have been given advice on how to tackle the problem of potholes on their roads following the publication of a review commissioned by Local Transport Minister Norman Baker. The Pothole Review –..
New scheme takes off to cut airside accidents #
15 May 2012
A new scheme has been launched which aims to reduce the number of injuries suffered by airport operational staff. A training course for supervisors and managers in the aviation sector, accredited by the Institution of..
£430,000 in damages for RTA widow #
15 May 2012
The widow of a motorcyclist who died in a road traffic accident has received £430,000 in compensation. He had been riding his motorbike when a car pulled out into his path. The widow’s lawyer secured..
£60,000 in compensation for leg injury #
15 May 2012
A pensioner has received £60,000 in compensation after a freak accident left her unable to walk without assistance. She was sitting down in the back seat of the vehicle when the driver accidentally accelerated into..
£7.4 million award for serious medical misdiagnosis #
15 May 2012
A girl has received £7.4 million after a misdiagnosis caused her to lose her hands and feet. The girl was just two-years-old when she had to have large parts of all four limbs amputated after..
£10.8 million in clinical negligence compensation #
15 May 2012
A young girl left with cerebral palsy at birth has received £10.8 million in clinical negligence compensation. It is reported to be one of the highest clinical negligence compensation settlements in British legal history. The..
Over £1million in compensation for birth brain injury #
15 May 2012
A six year old girl who had been left severely brain damaged at birth has received a lump sum of just over £1 million in compensation. She was effectively stillborn following delays in her delivery...
Court of Appeal on claim for age discrimination #
15 May 2012
For the purposes of a claim for age discrimination under regulation 3 of the Employment Equality (Age) Regulations 2006, where an employer gave notice of dismissal to an employee on the grounds of redundancy, it..
£475,000 of court settlement for loss of sight in one eye #
15 May 2012
A welder who was left blind in one eye following an accident at work has received £475,000 in an out of court settlement. The man was working in a ship repair yard when the accident..
Scottish Conservatives propose Apology Bill #
15 May 2012
A proposed Apology Bill, being brought forward by the Scottish Conservatives, aims to bring closure to families and individuals who have been wronged by public bodies like the NHS or local authorities. Scottish Conservative Central..
Willis Marine Market Review: Protection and Indemnity (P&I) Renewal at February 20, 2012 #
15 May 2012
As anticipated in the December Willis P&I Review, despite the relatively modest announced general increases, the renewal at February 20, 2012 was disproportionately confrontational, protracted and on average concluded far later than normal. Clubs entered the..
Increase in mesothelioma statutory compensation #
15 May 2012
The Government has announced an increase in the amount of statutory compensation available to victims of mesothelioma. According to Lesley Mynett, a partner with Fentons Solicitors, the move will make an enormous difference to those victims..
Thatcham Research says engineering can prevent whiplash #
15 May 2012
Thatcham Research has said that engineering holds the key to addressing the UK’s whiplash epidemic, through the continued introduction and availability of Advanced Driver Assistance Systems (ADAS) to prevent and mitigate accidents. Head of Research at..
HSE injury reporting requirement increased to seven days #
15 May 2012
Employers no longer have to report to the Health and Safety Executive (HSE) injuries which keep workers off normal duties for seven or fewer days. Previously, injuries had to be reported if they keep workers..
£54,000 in compensation for slip shoulder injury #
15 May 2012
A physiotherapy technical instructor who needed two operations after her shoulder was dislocated in a workplace accident has received £54,000 in compensation. She had to take early retirement following a fall at a school whilst..
Willis Aerospace - Aviation Products Market Review #
15 May 2012
The airline and aviation manufacturing insurance markets turned a profit in 2011 following one of the safest years in recent times in terms of numbers of losses and passenger fatalities, according to Willis Aerospace. However,..
Berrymans Lace Mawer appoints new personal injury team #
15 May 2012
Berrymans Lace Mawer has appointed new partners Nick Rogers and Richard Williams to the personal injury team in Southampton. They joined from local firm Lamport Bassitt, where Rogers was head of insurance litigation. Joining them..
£20,000 in compensation for scaffold fall #
15 May 2012
A fitter who fell half way through a hole 70ft in the air on a scaffolding platform has received £20,000 in compensation. The 64-year-old was working for a contractor when he put his foot into..
£34,000 in out of court settlement for ski injury #
15 May 2012
A skier who suffered severe damage to her leg when a snowboarder ploughed into her on a French mountain has received £34,000 in an out of court settlement. As she stood on the piste, she..
P&I Club launches fishing vessel safety guide #
15 May 2012
Mutual insurance provider The Shipowners’ Club, has produced a comprehensive handbook “Fishing vessel safety” highlighting areas in which crew members can become more safety aware, while assisting crew and owners alike to recognise potential dangers..
£5,000 in compensation for road traffic accident #
15 May 2012
A woman who was injured in a road traffic accident has received £5,000 in compensation. She was a back seat passenger in a taxi that was hit by another vehicle. In the accident, she was..
Tribunal awards £200,000 in compensation for disability discrimination #
15 May 2012
An employment tribunal has awarded £200,000 in compensation to a former soldier blinded in action on the grounds of discrimination. He was left without sight in both eyes when an IRA bomb went off in..
Lack of voice training for call centre workers #
15 May 2012
One in four call centre agents suffer voice problems because managers are failing to properly protect their health, according to a study from the Institution of Occupational Safety and Health (IOSH) The study found that call..
£75,000 in compensation for mesothelioma victim #
15 May 2012
The family of a maintenance worker who died from mesothelioma has received £75,000 in compensation. He worked at the Chase Manhattan Bank (now a part of the J P Morgan Group) in Moorgate. He was..
Occupational exposure to asbestos in heart attack link #
15 May 2012
A study by the Health and Safety Executive has suggested that occupational exposure to asbestos is associated with death from cardiovascular disease. The study, “Cardiovascular disease mortality among British asbestos workers (1971–2005)” was published in..
£295,000 settlement for motorbike accident #
15 May 2012
A motorcyclist who suffered serious leg injuries in a head-on collision has received £295,000 in compensation in an out of court settlement. He was riding his motorbike when a car suddenly turned right and cut..
£10,000 in compensation for slip and trip #
15 May 2012
A UK Border Force worker who slipped and suffered an injury because he hadn’t been provided with much-needed replacement work boots has received £10,000 in compensation. Just a week before the accident he had written..
Oxford Insurance Brokers launches fee recovery service #
15 May 2012
Oxford Insurance Brokers Limited (OIB) has launched a “bolt on” fee recovery service as part of its professional indemnity insurance. OIB has partnered with a firm of London based solicitors, with experience in professional liability..
Study underestimates cost of occupational illness and injury in US #
15 May 2012
The US National Institute for Occupational Safety and Health (NIOSH) has said in an online blog that a recent study underestimated the cost of occupational illness and injury in the US. The recent study, entitled..
Marine Market Review from Willis #
15 May 2012
After an inauspicious start, 2012 will be another difficult and uncertain year for the maritime industry faced with the aftermath of the Costa Concordia, further problems in the Euro zone, pirate attacks and increased sanctions,..
Another report finds no evidence for mobile phone health risk #
15 May 2012
A new report by the Health Protection Agency’s independent Advisory Group on Non-ionising Radiation (AGNIR) has concluded that there is still no convincing evidence that mobile phone technologies cause adverse effects on human health. The report,..
£115,000 out of court settlement for mesothelioma victim #
15 May 2012
The widow of a man who died from a mesothelioma after being exposed to asbestos has received £115,000 in an out of court settlement. He was employed as a pipe-fitter and welder working at various..
Crane Driving Conditions Not Causative #
15 May 2012
By Helen Jones, Berrymans Lace Mawer LLP This group action (Barratt, Willock, Nicholas & Price v Corus UK Ltd) examines whether an employer is in breach of Equipment Regulations and Common Law if it does not..
MDU says apology not an admission of negligence #
15 May 2012
Doctors can and do apologise to patients, said the Medical Defence Union (MDU), in response to a proposal to introduce an apology Bill by the Scottish conservative party. Responding to the proposal, which aims to assist..
Obese women face discrimination in job applications #
15 May 2012
Obese women are more likely to be discriminated against when applying for jobs and receive lower starting salaries than their non-overweight colleagues, according to a Study led by The University of Manchester and Monash University,..
Criminal Injury Compensation Scheme extended for terrorism victims #
15 May 2012
Lawyers who represent victims of terrorist attacks across the globe have welcomed legal changes which they say will help victims and their families gain access to vital financial support. Justice minister Crispin Blunt has confirmed..
Acas tackles taboo of mental ill-health at work #
15 May 2012
Work expert Acas has launched its first guide to tackle what it describes as “the last taboo in business” - mental illness at work. Acas points out that it is a fast-growing problem, particularly with..
Court of Appeal decision on equal pay claim #
15 May 2012
An employer had no defence to an equal pay claim where its reason for a differential in payment between female and male employees was that the male employees had attracted a bonus for productivity when..
Guy Carpenter publishes European liability report #
15 May 2012
Guy Carpenter & Company has published its semi-annual report on key legislative developments in Europe affecting liability insurers and reinsurers. A number of these developments underscore the challenges in adapting local legislation and jurisprudence to..