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Events
Liability Underwriters’ Group Conference
3 September 2002 • Queens’ College, Cambridge.
Details and registration facility appear on the Insurance Market Conferences website:
www.risksociety.com or by tel/fax 01491..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Unlimited liability cherished
The surviving Lloyd’s Names are fighting to keep their unlimited liability status, and its potential financial benefits. They have successfully opposed Lloyd’s moves for mandatory sale of their security of tenure (of continued..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Insurers withdraw from detention centre cover
Following the extensive damage to the Yarl’s Wood immigration centre, and with insurers’ claim against the police outstanding, Lloyd’s syndicate 962, which provides cover for Group 4, has introduced a £10mn ceiling on cover...
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Directors only insured for £5mn
The 15 former directors of Equitable Life, facing action for £3.9bn by the new board, only carry aggregate D&O cover of £5mn. And their insurer, Royal & SunAlliance, denies the claim would be covered in that failure of judgment..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
US suffers worst year for train accidents
The Federal Railway Administration has reported that 2001 was the worst year since 1985 for train accidents in the US. Derailments were up by 32% between 1998 and 2001, this partly attributed to railroads deferring maintenance programmes.
Trade..
Online Published Date:
01 June 2002
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143 - 01 June 2002
Railtrack claims for Selby crash
A new claim has been issued by Railtrack against Gary Hart, the driver of the Land Rover that caused the fatal rail crash at Selby, seeking £11mn damages and loss of business. The operators of both trains involved are also looking to recoup..
Online Published Date:
01 June 2002
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143 - 01 June 2002
Potters Bar crash
Inquiries into the derailment of a National Express train at Potters Bar on 10 May, with seven dead and more than 70 injured (some very severely) has led to focus on a set of points, and the maintenance work provided by Jarvis.
The interim report of..
Online Published Date:
01 June 2002
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143 - 01 June 2002
Eurotime for airlines
Three top brokers, Aon, Willis and Marsh, have put together a scheme – similar to the US Equitime – to provide war cover for European airlines until a more permanent solution can be achieved. Eurotime is due to click-in when EU..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Three serious crashes in a week
Airline insurers are faced with three multi-death crashes within four days with total loss of more than 250 lives and US$33mn hull damage.
A China Northern Airlines McDonnell Douglas MD-82 apparently burst into flame and crashed into the sea off..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
11 September
Forum for insurer disputes thrown into question
by the US ruling between Canada Life and its reinsurer Converium (formerly Zurich Re). This held that while the Air Transportation Safety & System Stabilization Act stipulates the district court..
Online Published Date:
01 June 2002
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143 - 01 June 2002
Slavery reparation
More companies have been named in the class action in Newark federal court seeking reparations for profits arising from slavery. Following similar lines to claims from Holocaust survivors and their descendants, the main thrust is for an accounting..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Pollution ruling favours insurers
In Consolidated Edison Co v Allstate Insurance Co et al
, hinging on payment of US$50mn clean-up costs, the New York Court of Appeals made two rulings favourable to insurers.
The burden of proof that pollution was accidental fell firmly on the..
Online Published Date:
01 June 2002
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143 - 01 June 2002
PPG US$2.7bn settlement
Chemical and paint maker PPG Industries Inc and more than 30 insurers have agreed a US$2.7bn settlement of existing and future asbestos claims arising from manufacture of pipe insulation containing asbestos between 1962 and 1972 by Pittsburgh..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Tobacco update
Punitive damages reduced to US$100mn to be appealed
by Philip Morris, despite reduction from original award of US$150mn. The original claim from the estate of Michelle Schwarz (see LRI
May 2002) had focused on misrepresentation of low-tar..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Agreement with associated defendant does not preclude further claim
In dismissing appeal, the House of Lords ruled that where a settlement with an associated defendant did not cover the full amount of loss, further action could be taken (in breach of contract and in negligence) against another defendant.
Heaton..
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01 June 2002
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143 - 01 June 2002
Awards and settlements
‘Kitchen table’ discussion leads to record settlement
of £2mn for personal injury claim for paraplegia by a motorcyclist knocked off his bike when a car driver did a U-turn without signalling.
A ‘round the table’..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Bombings single or multiple events
Occidental Petroleum is seeking a court order to force insurers, including Lloyd’s, to cover damages to a Colombian pipeline that has suffered more than 250 terrorist attacks in the past two years. Occidental argues that these bombings..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Legislation to restrict personal injury awards
The Australian states of New South Wales and Queensland have put together draft legislation to restrict personal injury awards and urge other states to follow their lead.
This move, responding to the perceived run-away r ise in personal injury..
Online Published Date:
01 June 2002
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143 - 01 June 2002
Home state rule
Replacing the 1968 Brussels Convention (for most countries involved) the Brussels I Regulations that came into force on 1 March of this year give wider rights to consumers in choice of forum.
The home state rule provides that where a contract was..
Online Published Date:
01 June 2002
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143 - 01 June 2002
Criticism of CPS
The first annual report of the independent inspectorate to the Crown Prosecution Service (CPS), headed by Chief Inspector Stephen Wooller, has criticised many aspects of performance, more varied than should be in a national service, and ‘an..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Representative actions checked
Following consultation, the Lord Chancellor’s Department has decided against the introduction of general provision for representative claims.
When fully implemented, the European Directive on Unfair Terms in Consumer Contracts would allow..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Medical third party in France
As medical third-party liability cover is now obligatory in France, legislation is being updated and a central agency, the Bureau Central de Tarification (BCT), set up to arrange cover for those practitioners who are unable to find cover in the..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Collapse of Australian medical insurer
Australia’s largest medical indemnity insurer, United Medical Protection (UMP), has collapsed with liabilities estimated as $A500mn greater than its assets. Deloitte Touche Tohmatsu has been appointed as provisional liquidator.
The Australian..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Class law
An informative article by Jean Eaglesham and Kate Burgess appeared in the Financial Times of 4 May 2002. This focused and gave detail of a number of class actions in the financial field and the role of four-partner law firm Class Law, which is..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Sackville syndicate rated B-
Moody’s Investors Service has rated Syndicate 1047, managed by Sackville, at B- (below average performance) and under review for possible downgrade. Liability oriented syndicate 1047, written in parallel with syndicate 1173, is proposed to..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
More Kwelm payments
Following further collection of reinsurance contributions, administrators of the KWELM insurance companies have made a further payment to creditors bringing the total to US$2.2bn.
Run-off for the group of five insurers that specialised in US..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Mould in car
An article in the Houston Chronicle of 17 May 2002 reports a claim against General Motors for health problems caused by mould growth in a car. The claimant alleges that faulty weather stripping in his Cadillac Escalade led to leaks and mould,..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Russian TPL for July 2003
Passed by both chambers of parliament, compulsory third party motor liability is due to be implemented in July 2003. The government is still to agree premiums and set administrative regulations but maximum compensation has been set at R400,000..
Online Published Date:
01 June 2002
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143 - 01 June 2002
Attack on Irish motor insurers
A government-sponsored report from the Motor Insurance Advisory Board attacks the Irish motor insurance industry for profits 10-times those of their UK counterparts.
Of the 67 recommendations in the 700-page report the most significant is an end to..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Change to MIB agreement
After more than two years negotiation, solicitors groups concerned with road accident litigation have won some concessions to the Motor Insurers’ Bureau 1999 Uninsured Drivers’ Agreement. These, backdate to 15 April, include extension of..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
No duty to paint warnings on road
On appeal, it was held that under section 41 of the Highways Act (1980) a highway authority had no duty to paint warning marks on the roadway.
This reversed the Queen’s Bench decision of February 2001 (Gorringe v Calderdale Metropolitan..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Another ‘unenforceable’ ban?
In the traditional approach as for alcohol control and mandatory seat belts, the Government has rejected the idea of banning mobile phone use while driving, claiming that enforcement would be impossible.
Despite cumulative evidence of increased risk..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Company car risk
Statistics from the Guild of Experienced Motorists claim that driving the company car is a more hazardous occupation than construction work (comparative risk of death or serious injury 1:8,000 and 1:10,000 respectively).
The presenter of the paper,..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Andersen/Baptist settlement back on
A new US$217mn settlement with the Baptist Foundation of Arizona has been made possible with the agreement of Andersen’s captive, Professional Services Insurance, that they are able to pay more than US$200mn.
This will settle claims stemming..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Deloitte & Touche threaten counter claims
At the start of hearings into auditing of Barings’ Singapore operations, at the time of Nick Leeson, Deloitte & Touche have threatened to bring cross-claims against Barings management and Coopers & Lybrand, the latter auditors of the..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
More mis-selling pain
The second levy on insurers and independent financial advisers from the Financial Services Compensation Scheme (FSCS), seeking £56.4mn to compensate victims of mis-selling, is probably the least of the current problems and uncertainties in this..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Professional’s limitation restored
The decision of the House of Lords in Cave v Robinson Jarvis and Rolf
has freed professionals (and their insurers) from the nightmare of no end (not even death, in the case of a sole practitioner) to the possibility of negligence claims brought..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Brussels action on working hours
The European Commission has started legal proceedings against the UK for failure to fully implement the working time directive. This responding to complaint from biggest manufacturing union, Amicus, on rights to breaks and holidays, measurement of..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Racial mix
A number of separate moves will significantly change the way in which racial matters are dealt with in the courts.
The Director of Public Prosecutions has ordered the review of 15,000 cases after the first report by HM Inspectorate to the Crown..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Protective clothing
The Court of Appeal has ruled that security guard Geoffrey Henser-Leather, shot during an armed robbery, has the right to claim compensation from his employers.
It ruled that the risk of armed attack in the area was ‘foreseeable’ and..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Phone risk
Developments in the US are confirming employer liability for injuries caused by their employees while using mobile phones to conduct business while driving.
Citing recent cases, in December 2001 a Miami jury awarded US$20.9mn for injury in a..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Health & safety amendments
A Consultation Paper from the Health & Safety Commission includes proposals for the best means of amending the 1999 Regulations so as to remove the civil liability exclusion for breach of statutory duty towards employees.
Removal of the..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Many firms fail to study accidents
A Health & Safety Executive-sponsored study by Human Reliability Associates reports that 70% of British firms carry out little or no investigation of workplace accidents. As many as 40% failed to even fill out an accident report form and only..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Arup calls for better building design
A report from the ‘Extreme Events Taskforce’ of engineering consultancy, Arup, set up after 11 September, calls for better design of buildings to protect from collapse if bombed, including the application of earthquake zone..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Improved braking delayed
The Commission for Integrated Transport, considering a recommendation of the Cullen Report that all high speed trains be fitted with an automatic braking system by 2010, has decided that the only version currently available, level 1 of the European..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
UK rail company to sue French authorities
..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Gerling seeks strike-out
Gerling Insurance Group are seeking the striking out of GB Railways claims, arising from the Hatfield crash, on the grounds that the rail company is on the brink of insolvency, facing £10mn losses.
Should this fail, then Gerling seek GBR..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
GNER to sue railtrack
GNER, one of the train operators worst affected by last year’s disruption, has won permission from the rail industry’s independent Network Change Committee to sue Railtrack.
GNER successfully argued that there was a fundamental change to..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Railtrack shareholders come out of the sidings
With the stated aim of speeding the end of administration and formation of the new not-for-profit company to run the rail infrastructure, the government offer of £500mn compensation was hoped to be enough to sideline threatened legal action by..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Alternative storage and disposal
As Greenpeace gears up to oppose the shuttle-back of nuclear waste from Japan to the UK, a report from the Royal Society calls for ‘serious and urgent’ government action to find alternative methods of storage and disposal of nuclear..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Libyan compensation to Lockerbie families?
Following the failure of al-Megrahi’s appeal against conviction for his part in the Lockerbie bomb crash, there are further indications that the Libyan government is preparing to pay compensation to the families of 270 people who died.
As..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Response to health concerns
Responding to increasing health concerns among passengers, BMI British Midland claims to be the first UK airline to install Tempus 2000 on long-haul services. Developed by US company MedAir, this medical diagnostic equipment allows direct..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Pilot error in Taiwan
A report from Taiwan’s Aviation Safety Council suggests pilot error as the chief cause of the crash of Singapore Airlines Flight SQ006 on take-off from the wrong runway at Taiwan in October 2000. Confusing runway markers and other aspects of..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
UK government absolves US from base cleanup
A government decision to absolve the US of clean-up costs for former US bases in Southampton and in St David’s could prove costly.
According to a report in The Royal Gazette
a 1995 Government report showed 30 areas of significant pollution,..
Online Published Date:
01 June 2002
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143 - 01 June 2002
Contaminated land exposure assessment
The Department for the Environment, Food and Rural Affairs (DEFRA) has launched the contaminated land exposure assessment model. This aims to provide a scientific method for the assessment of risks to human health from land contamination. The model,..
Online Published Date:
01 June 2002
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143 - 01 June 2002
AEP buys town
American Electric Power (AEP) has ‘solved’ pollution problems of Cheshire, Ohio, by buying the town. US$5.6mn ensures that all 221 residents will leave, and protects AEP from any future health or property suits. The 90 homeowners have..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Cardinals in the red?
Unprecedented lawsuits are emerging in the US, targeting cardinals and other dignitaries of the Catholic church, and the Vatican itself. Based on priestly abuse of young people and negligence of their superiors in not preventing its continuance,..
Online Published Date:
01 June 2002
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143 - 01 June 2002
Construction investigation unit proposed
Sparked by reports on structural factors in the collapse of the World Trade Center (WTC) twin towers, legislation is in progress to set up a body to investigate catastrophic building collapse. The new body would have a similar role to that of the..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
5,700 pages on sidewalk defects
The New York State Trial Lawyers Association has produced its annual documentation of sidewalk defects that could emerge as personal injury claims, running to 5,700 pages.
Although claims have fallen over the last four years, at least in part..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Jury awards
A report from Jury Verdict Research, ‘Medical Malpractice: Verdicts, Settlements and Statistical Analysis’, shows a 43% rise in median jury awards in medical malpractice claims in the year 2000, up from US$700,000 to US$1mn. More than..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Switzerland to aid Italian suit
A court in Swiss canton, Glaris, has ruled that Eternit and the Swiss state-owned workplace insurance company SUVA must hand over all documents regarding Italian workers who have ever worked at Eternit’s plant in Niederurnen to an Italian..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Honeywell to pay more?
Honeywell International may be required to pay a significantly larger portion of a US$53.5mn asbestos-injury award than originally expected, US$11mn rather than less than US$1.lmn. The verdict will be appealed, although Honeywell has US$2bn in..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Asbestos-in-paper denial
Paper manufacturer Kimberly-Clark denies ever using asbestos in its paper products. This in relation to court documents connected with a 1960s memo showing Union Carbide attempting to promote asbestos as a softening agent for facial tissues...
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
St Paul expects ‘substantial’ claim
In a regulatory filing with the Securities and Exchange Commission, the St Paul Cos recognise the potential for a ‘substantial’ claim from a policy written more than 40 years ago by USF&G Co, purchased by St Paul in 1998.
The claim..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Vaccine and brake-pads targeted
The HarrisMartin Publishing asbestos litigation magazine reports a mesothelioma suit jointly naming vaccine manufacturer Pfizer and two auto shops. The claim against the auto-shops is run-of-the-mill in alleging failure to warn of risk of exposure..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
BSE, CJD and F&M
‘No charge’
of causing the foot-and-mouth outbreak is to be brought against pig farmer Bobby Waugh, according to the prosecutor for 16 other charges relating to his pig-keeping in Heddon-on-the-Wall in Northumberland. He has been taken..
Online Published Date:
01 June 2002
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143 - 01 June 2002
Ford/Firestone class overturned
The Chicago Seventh Circuit Court of Appeals has overturned an earlier decision allowing class action status to claims for economic injury brought against Ford and Firestone. These claims include risk of diminution of value of car on resale because..
Online Published Date:
01 June 2002
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143 - 01 June 2002
DTI mobile phone report
A report commissioned by the Department of Trade and Industry (DTI) has thrown doubt on the efficacy of a number of radiation protection devices.
While antenna clips significantly reduced radiation to the user’s head they lowered performance...
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Sunbed research
Research published in the American Journal of the National Cancer Institute found that sunbed users were twice as likely as others to develop skin cancer and those using tanning lamps are at higher risk. The World Health Organisation has also warned..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Rebreather questioned
A coroner, recording a verdict of accidental death on ex-Royal Navy frogman Ian Swift, said that he was ‘very worried’ that this was the 14th person to die while using the computer-controlled rebreathing device the Buddy Inspiration..
Online Published Date:
01 June 2002
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143 - 01 June 2002
‘Not damaged… defective from the moment of its creation’
In a claim involving the supply of benzene-tainted carbon dioxide to a drinks manufacturer, the Court of Appeal has upheld the Commercial Court view that contamination of the drinks did not amount to physical damage:
‘If the thing alleged to..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Sulzer settlement poised on brink
The 15 May opt-out deadline saw 132 patients refuse the court-approved terms of a US$1bn settlement deal. The purpose is to settle claims from US patients arising from faulty hip and knee joints supplied by Sulzer Medica, but the number of opt-outs..
Online Published Date:
01 June 2002
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143 - 01 June 2002
MMR choice recommended
Dr Eileen Ruberry, who chaired the Department of Health committee that recommended introduction of the now controversial triple MMR vaccine in 1994, has stated that – because of a fall-off of uptake – parents should be given the option..
Online Published Date:
01 June 2002
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143 - 01 June 2002
Major DVT study
A study of deep vein thrombosis (DVT) among regular business flyers, carried out by Birmingham University, notes that more passengers are ‘exercising’ during flight, but failing to limit alcohol consumption. They recommend that airlines..
Online Published Date:
01 June 2002
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143 - 01 June 2002
Call for MRC assessment of Roaccutane
Questions about the Hoffmann-La Roche anti-acne drug Roaccutane (Accutane in the US) continue with a call to the Medical Research Council (MRC) for its reassessment.
There are allegations that it has depressive effects and that these are associated..
Online Published Date:
01 June 2002
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143 - 01 June 2002
Disposable instrument withdrawal
Disposable surgical instruments, introduced into UK hospitals last year to avoid the theoretical risk of cross-infection of vCJD, are to be withdrawn following problems including haemorrhage and two possible deaths.
The Department of Health became..
Online Published Date:
01 June 2002
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143 - 01 June 2002
Limitation of liability by the Merchant Shipping Act 1995
Failure of the owner of a fishing vessel to comply with safety regulations, to the extent that he could be subject to fines, did not provide grounds for civil action for damages on behalf of members of the crew who had suffered injury or death.
The..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Contractors’ duties to sub-contractor’s employees
In a case involving use of an unsuitable ladder for work on a building site, at the suggestion of the second defendant’s foreman, it was argued that this defendant had no liability as the claimant was not employed by them nor did they know the..
Online Published Date:
01 June 2002
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143 - 01 June 2002
Apportionment of negligence to claimant
A college supervisor suffered injury when he tripped over the feet of a 6ft whiteboard when entering a classroom. The college was found negligent in its improper placement but the claimant found in 90% contributory negligence for failing to notice..
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01 June 2002
Appeared in issue:
143 - 01 June 2002
Employees to use common sense
A refuse collector injured his elbow when attempting to pull a wheelie-bin up a 300 slope and sought damages from his employer. There was the possibility of wheeling the bins along to another part of the road where no ramp was involved.
His claim..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Warning signs on roadway
Under section 41 of the Highways Act (1980) a highway authority was under no duty to paint warning signs on the roadway. It could not, therefore, be found negligent in failing to do so.
However, a claim brought under section 39 of the Road Traffic..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Expert evidence on life expectancy
A judge was entitled to rely on expert evidence from a medical expert, rather than a non-medical statistician, in assessing the life expectancy of a child in assessing damages for cerebral palsy.
Royal Victoria Infirmary & Associated Hospital..
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01 June 2002
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143 - 01 June 2002
Judicial review of school exclusion
Significant in light of the rise in claims based on failure of education, in this case it was ruled that a permanently excluded pupil could seek judicial review of a school governors’ decision despite the availability of a re-hearing by a..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Proprietary interest required in nuisance claims, absent reference to the Human Rights Act
Although prior to the Human Rights Act 1998 it was necessary for a claim (under the rule in Rylands v Fletcher
) based on strict liability and nuisance to be brought by one with a proprietary interest in the affected land, an arguable case of..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Council’s liability to trespasser
Appeal led to reversal of a High Court ruling that a council owed no duty of care to a trespasser who suffered injury following a shallow dive into a lake where warning signs were displayed.
Held that, under section 1 of the Occupiers Liability Act..
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01 June 2002
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143 - 01 June 2002
Duty to owner of property
In exercising power of sale of a property, a mortgage lender owes a duty of care to the legal owner of the property even where the owner is not the borrower.
Freeguard v Royal Bank of Scotland plc • Chancery Division • The Times •..
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01 June 2002
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143 - 01 June 2002
Dishonesty
A solicitor was not necessarily dishonest and liable for assisting in a breach of trust where he had deliberately shut his eyes to the implications of a transaction.
Rejecting the view of the Court of Appeal, that for civil liability there was no..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Insurer’s reliance on time bar defence
Under permanent health policies, claims were notified in good time but protracted negotiations were ongoing when the limitation period expired.
Subsequently, the negotiations failed and the insured started proceedings. In the absence of an..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Time bar and mental incapacity
An attempt to bring a claim against a firm of solicitors, alleging failure to obtain appropriate settlement for their injured client, was countered by argument that it was out of time.
A consultant neuropsychiatrist opined that the claimant had,..
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01 June 2002
Appeared in issue:
143 - 01 June 2002
Limitation defence restored
‘There is no rational justification for depriving a defendant of a limitation defence where neither his original wrongdoing not his failure to disclose it to the plaintiff was deliberate.’
This ruling effectively overturns Brocklesby v..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Date of rights against negligent solicitor
Where a solicitor negligently failed to take procedural steps, leading to strike-out of action and a new right of action against the solicitor, then that right existed from the date when the action might have been struck out rather than the actual..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Meaning of ‘contribution’
In a multi-party appeal concerning building work at a hospital, the House of Lords re-emphasised the meaning of ‘contribution’ under the Civil Liability (Contribution) Act 1978. They reaffirmed that contribution was limited to that of..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Claim notification as condition
Although not specifically stating that notification within 30 days was a ‘condition precedent’, the clause in question was seen as unambiguous, designed to ensure compliance and indicating the consequences of failure to comply.
As such,..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Insurance premiums pre promulgation of conditions of recovery
In a case where the timetable of a defendant arranging insurance cover against liability for costs and the introduction of conditions of recovery under section 29 of the Access to Justice Act were entangled, the unsuccessful claimant appealed..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
ATE premiums not a credit agreement
In a road traffic accident claim, an after-the-event policy was taken out with premium due when the case ended.
Defendants argued, after settlement, that the policy was a credit agreement not in compliance with the Consumer Credit Act 1974, not..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Proportionality in assessment of costs
In a case settled for £3,000 plus costs, these were assessed at £16,784. The defendant appealed.
In dismissing this appeal, the court laid down clear details of assessment of proportionality of costs under CPR rule 44.5(3), also noting the..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Parties’ means not relevant to costs award at tribunal
Decision of the Employment Appeal Tribunal upheld that, where costs awarded under rule 12, an employment tribunal was not required to take account of the parties’ means.
While an order could only be made against one that had behaved..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Non-party liability for costs
In a case where the claimant company ceased trading and disposed of all business and assets, other than interest in the litigation. The directors of the claimant company decided to proceed with litigation with funding provided by a holding..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Power suppliers may seek compensation for trading arrangement delays
Ofgen, the energy industry regulator, has given the go-ahead for power suppliers to seek compensation for losses suffered during the introduction of new trading arrangements in 2001. These are estimated as totalling around £25mn, stemming from..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Gurkhas, and Fijians, target MoD
Twenty test cases against the Ministry of Defence have been launched on behalf of about 27,000 Gurkha soldiers, alleging breach of their human rights in receiving lower pay and pension rights than their UK counterparts. The total at stake could near..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Deaf student unintelligible
Millie Vadgama is bringing a test case against the London Borough of Hounslow alleging that her former teachers failed to give her appropriate assistance for her deafness, leaving her incapable of intelligible speech. She seeks £600,000 in..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Delay breaches human rights
In a decision reported in the Law Society Gazette of 25 April 2002, the High Court held that delays and repeated cancellations of mental health tribunal hearings constituted a breach of the Human Rights Act through denial of a fair hearing.
The..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Police to sue Millwall Football Club
Scotland Yard is investigating the possibility of suing Millwall Football Club for damage and injury inflicted by hundreds of their members in a rampage when the team lost out.
A first of its kind, early legal comment suggests that the link between..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
Independent insurance developments
Independent’s liquidator, PricewaterhouseCoopers, and the British Insurance Brokers Association have reached a compromise on premiums and commissions. PwC had argued for the return to Independent of premiums and commissions for the whole year..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002
A bad day for insurers
The House of Lords, in the run up and the ruling on the mesothelioma case Fairchild
, gave insurers a bad day. Not so much from the ruling, which must have been expected and reserved for, but through forthright criticism and the bad image and..
Online Published Date:
01 June 2002
Appeared in issue:
143 - 01 June 2002