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Chaucer to manage Cox syndicate
Lloyd’s managing agency Chaucer Syndicates will take on the management of Cox nuclear syndicate 1176, which carries £15mn capacity for 2003. This reflects Cox’s change of focus to personal lines business and Chaucer’s..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
Lloyd’s record capacity
Lloyd’s expects a record capacity for 2003, a 16% rise to £14.25bn, this in line with market forecasts. Investors, mostly but not exclusively corporate members, are flocking to Lloyd’s to take advantage of premium rises post 11..
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01 February 2003
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151 - 01 February 2003
EU motor liability sector
A major report by Swiss Re examines the EU Motor Liability sector. Noting the changes it is undergoing, with unlimited cover being discontinued in some countries while others increase mandatory cover in line with EU directives.
The detailed report..
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01 February 2003
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151 - 01 February 2003
2002 a ‘benign’ year for underwriters
Paul Hayes, director of air safety at Airclaims, commenting on a relatively benign year for aircraft underwriters with estimated total losses US$1.06bn, said this did not mean that air travel was becoming intrinsically safer. Rather, the year was..
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01 February 2003
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151 - 01 February 2003
Channel pile-up
So far there have been no serious injuries nor oil leakage pollution from the Tricolor
collisions, but hull and cargo loss (not inconsiderable as including £30mn worth of new cars) could well give rise to some interesting insurance wrangles..
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01 February 2003
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151 - 01 February 2003
Action for a sophisticated client does not lower standard of care
In a dispute on pension mis-selling it was held that the fact of a broker acting for a sophisticated and experienced insurance broker did not lower the required standard of care.
In considering a notification of circumstance the court will adopt a..
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01 February 2003
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151 - 01 February 2003
‘Without prejudice’ rule and human rights
In the light of the Human Rights Act, the application of the ‘without prejudice’ rule whereby oral or written negotiations, seeking settlement of the dispute, were excluded as evidence, should be applied with restraint and only where the..
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01 February 2003
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151 - 01 February 2003
Professional Indemnity 2003 Queens’ College Cambridge
9 to 11 April. • A look at how the market is developing in the current ‘favourable’ environment and examination of some recent and forthcoming developments and their impact on specific professions.
Have past lessons been learnt?..
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01 February 2003
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151 - 01 February 2003
Insurance of Employment Practices Liability: London Underwriting Centre
..
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01 February 2003
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151 - 01 February 2003
Asbestos Liability 2003: Managing the New Phase in Asbestos Litigation
..
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01 February 2003
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151 - 01 February 2003
Duke and Archbishops to lose job
The job of adjudicating complaints from students failing to gain an expected degree level. For hundreds of years the Privy Council has had the final say for 17 ancient universities, others using the Lord Chancellor’s Office or nominated..
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01 February 2003
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151 - 01 February 2003
Another fire service problem
As the prospect of further fire service strikes looms, insurers have an additional reason for disquiet. The floating of the idea of charges for attendance at road accidents (as already operated by ambulance services and hospitals, now recovering..
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01 February 2003
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151 - 01 February 2003
CFAs and risk assessment in practice
..
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01 February 2003
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151 - 01 February 2003
Another accountancy LLP
Following Ernst & Young and KPMG, the UK partnership of the world’s biggest accountancy firm, PwC, has become a limited liability partnership. LLP status protects partners’ personal assets against catastrophic negligence claims. It..
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01 February 2003
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151 - 01 February 2003
Actuaries report on ‘compensation culture’
The report, ‘Compensation Culture’, from the Institute of Actuaries’ Working Party chaired by Julian Lowe suggests that of the estimated 1% GDP compensation paid by insurers and companies one third is applied to legal and..
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01 February 2003
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151 - 01 February 2003
Accountancy regulation
Response to consultation by the Department of Trade & Industry (DTI) on regulation of accountancy and auditing gives strong support to transferring this to the Financial Reporting Council (FRC). A report due in January is expected to provide..
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01 February 2003
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151 - 01 February 2003
Courts bill
As the Courts Bill proceeds, its potential impact on insurers comes up for consideration. Consultation and a Regulatory Impact Assessment, which included data from the NHS Litigation Authority and the ABI, led to the view that structured settlements..
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01 February 2003
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151 - 01 February 2003
Huntingdon bail-out
For the first time, except the special case of terrorism cover, the UK government is to provide insurance coverage to a commercial entity. This follows last year’s provision of banking facilities to the same firm, in similar circumstances...
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01 February 2003
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151 - 01 February 2003
Aid for french medical liability insurers
The French Senate is (at time of writing) about to pass legislation to encourage insurers back into the medical liability market. This, through limiting the effects of a recent law passed under the previous government which considerably increased..
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01 February 2003
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151 - 01 February 2003
4th motor directive delay
Eight countries, including France, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal and the UK, failed in implementation of this directive by the deadline of 20 July 2002. Now the EU has given two months grace before taking action in..
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01 February 2003
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151 - 01 February 2003
Safety in auto design
An article in the Chicago Tribune of 29 December 2002 lists the many changes to auto design responding to work by the (US) Insurance Institute for Highway Safety and the National Highway Traffic Safety Administration (NHTSA). These range from safer..
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01 February 2003
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151 - 01 February 2003
South African deaths at record level
South Africa would probably be the least favoured area of business for many motor insurers. There were a record number of 1,210 road deaths in December 2002 alone. In the same month Australia, with comparable weather and traffic volumes, suffered 66..
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01 February 2003
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151 - 01 February 2003
Compulsory liability insurance in Saudi Arabia
With the likelihood on introduction of compulsory motor liability insurance in Saudi Arabia insurers may well be queuing up – to avoid it. With the road traffic accident rate estimated as the highest in the world, and an average of 12 people..
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01 February 2003
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151 - 01 February 2003
Focus on accidents
The Organisation for Economic Cooperation and Development, seeing a levelling off of the 10 year decline in serious road accidents in rich countries, notes the increase in middle aged men buying powerful motorbikes they cannot manage and the..
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01 February 2003
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151 - 01 February 2003
Italy extends payments
As part of the current raft of motor insurance reforms, the compensation convention has been extended to cover claims for injury as well as damage and will also cover foreign drivers in Italy. The convention allows for a driver to be paid by his..
Online Published Date:
01 February 2003
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151 - 01 February 2003
Irish motor insurers cut losses
Figures published by the Irish Department of Enterprise, Trade & Employment show that Irish motor insurers have cut losses by 45%, down from €343mn in 2000 to €186mn in 2001. This mainly through greatly increased premiums bringing..
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01 February 2003
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151 - 01 February 2003
Road deaths in the UK
Deaths and serious injuries on roads in the UK fell by less than 1% to 40,070 from June 2001 to June 2002. This against the trend since 1998 of annual fall of 5%.
Commentators have drawn attention to an inappropriate complacency on comparatively low..
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01 February 2003
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151 - 01 February 2003
Dangerous driving sentences will cost insurers
Beachcroft Wansbroughs, commenting on proposed increases in custodial sentences for dangerous driving (to 14 years where death resulted therefrom), notes that this will also impact on insurers’ costs. The greater the risk of a custodial..
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01 February 2003
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151 - 01 February 2003
NAO to investigate CRB
The National Audit Office is to investigate the troubled Criminal Records Bureau with a current backlog of 100,000 vetting applicants. This despite postponing checks on 300,000 carers, agency nurses and school governors. Delays recently prevented a..
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01 February 2003
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151 - 01 February 2003
Claims against Ernst & Young and others
Application is before the English High Court from auditor Ernst & Young (E&Y) seeking to strike out, for want of prospect of success, the £2.6bn negligence suit by the new management of Equitable Life. If the case continues, E&Y..
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01 February 2003
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151 - 01 February 2003
Failure to guard against money laundering
The Financial Services Authority has imposed a fine of £750,000 on the Royal Bank of Scotland (RBS) for failure to carry through procedures against money laundering. There was no evidence that laundering had occurred but RBS failed to carry..
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01 February 2003
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151 - 01 February 2003
Savings pains
In December the Financial Ombudsman issued the first findings on split capital investment trusts, in the 1,750 complaints arising having backed investors more often than the investment industry. The principles applied in these first cases will be..
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01 February 2003
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151 - 01 February 2003
Estate agent’s duty of care
This now appears to include checking on the progress of other deals in the area, and informing their client thereof.
Estate agency John D Wood sold Michael-John Knatchbull’s home for £1.5mn, he having accepted the firm’s valuation...
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01 February 2003
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151 - 01 February 2003
More stress absenteeism
The Health & Safety Commission (HSC) reports a sharp rise in the number of days taken off work for stress. In 2001, 33mn days were lost to work-related ill health, almost double the 18mn reported in the last comparable survey in 1995.
Stress is..
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01 February 2003
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151 - 01 February 2003
Work-related upper limb disorder
A claim for compensation for work-related upper limb disorder (fibromyalgesia) was rejected, despite the ruling in Alexander v Midland Bank
that where the non-physical explanation of the condition was rejected the claim would succeed.
The reasons..
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01 February 2003
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151 - 01 February 2003
Workplace transparency
Regulations, due to come into force from Spring 2003, will allow workers to discover what bonuses their colleagues are awarded. Uneven decisions could lead to legal action. Under the same regulations, women will be able to find out what a male..
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01 February 2003
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151 - 01 February 2003
Inventor seeks share of profits
Former scientist, now an intellectual property lawyer with Addleshaw Booth & Co, Stuart Jackson is seeking a share in the profits to healthcare products group Johnson & Johnson (J&J) from his invention while in their employ.
Mr..
Online Published Date:
01 February 2003
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151 - 01 February 2003
Rail safety plans delayed
Plans for introduction of the European Rail Traffic Management System have been put on hold again, for lack of funds. Already put back to 2008, there is now no guarantee of a 2010 start of work.
The system was originally recommended after the 1988..
Online Published Date:
01 February 2003
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151 - 01 February 2003
Railway enforcement notices
During the reporting year ending March 2002 the Health & Safety Executive issued 129 enforcement notices against railway companies, more than in any year since privatisation. Concern is expressed on weak safety culture in some organisations,..
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01 February 2003
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151 - 01 February 2003
Alaska airlines final report
The final report from the National Transportation Safety Board into the January 2000 88-death crash of Alaska Airlines MD-83, Flight 261, criticises maintenance and Federal Airline Administration (FAA).
The direct cause was attributed to excessive..
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01 February 2003
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151 - 01 February 2003
DVT or not DVT?
Mr Justice Bernard Bongiorno in the Victoria State Supreme Court gave permission for Brian Povey to proceed against British Airways and Qantas for damages arising from deep vein thrombosis (DVT). He alleges airline negligence in not warning..
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01 February 2003
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151 - 01 February 2003
Japan to exclude uninsured ships
With 11 uninsured vessels currently in trouble along Japan’s coastline, some of these, leaking oil and shedding cargo, being ignored by owners, Japan is studying ways of keeping uninsured ships from entering Japanese ports. The country is..
Online Published Date:
01 February 2003
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151 - 01 February 2003
IMO raises liability cap to passengers
The International Maritime Organisation (IMO) is to introduce strict shipowner liability per passenger at a minimum of SDR 250,000. This in recognition that the limits set in 1974 and amended in 1990 have been eroded by inflation, and to permit..
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01 February 2003
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151 - 01 February 2003
Prestige oil spreading
..
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01 February 2003
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151 - 01 February 2003
‘Danger’ on roof of Sizewell B
The Sizewell B nuclear power station was entered by Greenpeace protestors for the second time in four months and the word ‘danger’ painted on the reactor roof. The purpose of the 6am incursion, with no alarms raised, was to highlight..
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01 February 2003
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151 - 01 February 2003
Nitrate controls
Regulations controlling the spread of nitrates through farming came into force on 19 December 2002, covering 55% of England based on vulnerability. They require limited and controlled use of nitrogen fertiliser, the same for the spread of organic..
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01 February 2003
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151 - 01 February 2003
FEMA criticised
A report from the office of the Inspector General of FEMA (the Federal Emergency Management Agency) has presented Congress with criticism of FEMA’s post 11 September conduct as inflexible and unfair, emphasising the need for co-ordination with..
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01 February 2003
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151 - 01 February 2003
Less dead, more fraud
..
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01 February 2003
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151 - 01 February 2003
Silverstein files, citing precedent
Documents have been filed in the US appeals court on behalf of Silverstein Inc supporting the two-occurrence stance. One cites a New York precedent requiring courts to look at the immediate physical cause of a loss rather than an indirect or remote..
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01 February 2003
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151 - 01 February 2003
Top 10 jury verdicts 2002
The US journal, Lawyers Weekly, reports the top 10 jury verdicts of 2002. These saw a huge upturn in the last quarter with 98% of the US$31bn total of all large awards falling in that part of the year.
Somewhat skewed, however, as they include the..
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01 February 2003
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151 - 01 February 2003
Chapter 11 unfair?
A great idea when introduced in 1978, Chapter 11 bankruptcy allowed companies to gain protection from creditors while the judge supervised a bargaining process in the interests of all parties. The particular beauty was that the company was allowed..
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01 February 2003
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151 - 01 February 2003
Wall Street banks accept US$1.4bn penalty
Ten Wall Street banks have accepted record US$1.4bn penalties imposed by the Securities & Exchange Commission (SEC). Investigation headed by New York attorney general Eliot Spitzer stemmed from the release of emails from analysts describing..
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01 February 2003
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151 - 01 February 2003
Enron ramifications
Citigroup, expecting to post record net income for 2002, higher than the US$14.6bn of 2001, is to take a US$1.3bn charge towards further litigation costs associated with Enron including expected investor suits. Citigroup also face, allegations of..
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01 February 2003
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151 - 01 February 2003
Ford and Firestone class action denied
..
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01 February 2003
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151 - 01 February 2003
Mould damages reduced
The Texas state appeals court has reduced a punitive award of US$32mn to US$4mn in actual damages only in a mold-related claim. Rejecting the original jury’s finding of bad faith (in that the insurer had not acted knowingly or fraudulently in..
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01 February 2003
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151 - 01 February 2003
Gunshot not covered by workers comp, but route for claims expanding
Universal Underwriters Group has turned down a workers’ compensation claim from Jim Nunn, an Oklahoma car salesman wounded during a shooting outbreak that killed two people at the dealership where he worked. The claim was rejected in..
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01 February 2003
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151 - 01 February 2003
More charges taken
Travelers Property Casualty Corp is to take a charge of US$1.3bn to boost asbestos reserves, following on reserves of US$950mn in the third quarter. It has also increased environmental reserves, mostly for pollution claims on corporate clients, by..
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01 February 2003
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151 - 01 February 2003
Halliburton agreement
The agreement to pay US$2.8bn plus 60mn shares of common stock to settle asbestos claims, present and future, also provides for two subsidiaries, DII Industries and Kellogg Brown & Root, to enter pre-packaged bankruptcies. This is still subject..
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01 February 2003
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151 - 01 February 2003
Fighting talk from General Motors
In filing its 30 September 2002 SEC form 10-Q, General Motors (GM) appears to signal a toughening of stance on asbestos claims. In the past many asbestos claims had been resolved ‘for conventional strategic litigation reasons (avoiding defence..
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01 February 2003
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151 - 01 February 2003
Irish ferry operator says: no cause for alarm
Following questions from analysts Irish ferry operator, Irish Continental Group (ICG), issued a statement on market rumours that it was a target for asbestos suits. ICG had, indeed, settled a small number of such suits all related to workers’..
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01 February 2003
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151 - 01 February 2003
Navy man fights on for human rights
Appeal against the Court of Appeal decision in Matthews v Ministry of Defence
(see LRI
July 2002) is being heard by the House of Lords. Former naval electrical mechanic Alan Matthews, suffering from pleural plaques that could lead to worse..
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01 February 2003
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151 - 01 February 2003
Tobacco update
Reduction to US$28mn of punitive damages
of US$28bn against Philip Morris, by California Superior Court. Philip Morris to make further appeal, arguing that this figure is still out of line with the US$850,000 compensatory award of Los Angeles state..
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01 February 2003
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151 - 01 February 2003
BSE, CJD and F&M
Buffalo Grill to face claims?
That depends on the outcome of questioning of four executives of the French restaurant chain by French police on suspicion of having sold British beef while it was banned. The families of two of the four French vCJD..
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01 February 2003
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151 - 01 February 2003
Overview of product liability in the UK
A very detailed and useful review of this fast-moving sector appears in the December 2002 issue of Lovells’ European Product Liability Review.
Other articles cover European product regulation, strict liability laws and cross border litigation,..
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01 February 2003
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151 - 01 February 2003
Campaigners vindicated: official
A government sponsored report, published on the Department of the Environment’s website on 24 December, confirms campaigners’ warnings of inadequate buffer zones around genetically modified (GM) crops allowing significant levels of..
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01 February 2003
Appeared in issue:
151 - 01 February 2003
Complaints to MDU
The Medical Defence Union reports a 15-fold increase in the number of complaints raised against doctors from 1990 to 2001, the latest annual total 558. While the bulk of earlier complaints hinged on ‘improper relationships’ with..
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01 February 2003
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151 - 01 February 2003
Benzodiazepine claims
An article in the APIL Newsletter (October 2002) points up a possible resurgence of Valium claims against doctors, citing a £40,000 settlement in Nimmo v Shambhulingappa and Ugargol
. Background and current situation described in useful detail..
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01 February 2003
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151 - 01 February 2003
Smallpox vaccination risk
An article in New Scientist of 21/28 December 2002 highlights risks from US plans to vaccinate a million Americans against smallpox early in 2003. Commonsense and earlier studies suggest that there will be adverse reactions, leading to serious..
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01 February 2003
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151 - 01 February 2003
Vaccine complexity
Despite ongoing concerns about the triple MMR vaccine and lowered take up for children there are plans to introduce, over the next few years, a new range of multiple vaccines to protect against seven diseases. There are also plans to add chickenpox..
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01 February 2003
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151 - 01 February 2003
Procedure in growth hormone claim
A series of decisions and interpretations in a French court (see Case Update) has significantly extended a victim’s rights to seek compensation from pharmaceutical suppliers and medical establishments.
The victim, who died of CJD in 2001, was..
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01 February 2003
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151 - 01 February 2003
Smell incapable of being registered as a trade mark
Although a trade mark could be a sign, itself not capable of being perceived visually, a smell could not be registered either by means of chemical formula, description in words or deposit of sample.
This in relation to the ‘balsamically fruity..
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01 February 2003
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151 - 01 February 2003
Terms for setting aside an in-house sale by mortgage lender
A sale of a property by a mortgage lender in possession, even if below value, could only be set aside where it included some impropriety or bad faith. This in allowing the appeals of a second and third defendant, while the primary finding against..
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01 February 2003
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151 - 01 February 2003
Damages for fraudulent inducement to buy shares
Where a claimant was fraudulently induced to buy shares at a price above their true value he was entitled to compensation of the excess paid plus expenses. The fact that he chose to retain the shares, which subsequently rose in value, had no bearing..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
Estate Agent’s duty to advise
..
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01 February 2003
Appeared in issue:
151 - 01 February 2003
Extent of Local Authority’s duties over cycle track
Found liable for a cyclist’s injuries at first instance, the authority appealed. The cycle track, through a tunnel, was adequately lit. The concrete pathway was flanked by 6’ gulleys to each side next to the wall, normally filled with..
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01 February 2003
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151 - 01 February 2003
Religion no reason for school beating
The statutory ban on corporal punishment in schools was not in conflict with the European Convention on Human Rights when applied to the desire of parents or teachers at independent schools to punish children in this way as part of a Christian..
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01 February 2003
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151 - 01 February 2003
Injury to feelings
An appropriate level of damages for injury to feelings should only exceed £25,000 in exceptional cases, and awards of less than £500 should be avoided as derisory. This in an appeal against employment tribunal decisions on compensation for..
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01 February 2003
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151 - 01 February 2003
No dismissal under apprenticeship pact
A person engaged under a standard form of modern apprenticeship was an apprentice, not an employee, even if the pact required him to comply with his employer’s terms and conditions during his training plan. Not being an employee, he could not..
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01 February 2003
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151 - 01 February 2003
Limits to definition of ‘disability’
An appeal tribunal upheld a tribunal decision that incontinence, following an operation for prostate cancer, did not have a ‘substantial and long-term adverse effect on his ability to carry out normal day-to-day activities’ within the..
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01 February 2003
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151 - 01 February 2003
Common law claim survives statutory award
An employee, suspended from work and subsequently dismissed, received statutory compensation on the order of an employment tribunal for wrongful dismissal. This, however, did not preclude him taking further action to recover damages for the period..
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01 February 2003
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151 - 01 February 2003
‘Full and final settlement’
Despite a settlement agreed ‘in full and final settlement… of all claims which the applicant has or may have…’ a further claim of victimisation was allowed. This arose from refusal by her former employers to allow her to work..
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01 February 2003
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151 - 01 February 2003
Employer need not hold ‘trial’
Where an employer dismisses an employee for misconduct it is not necessary for him to arrange a hearing to permit the employee to cross-examine complainants.
Santamera v Express Cargo Forwarding (trading as IEC Ltd) • Employment Appeal..
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01 February 2003
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151 - 01 February 2003
Refusal of job offer
Where an employee had refused alternative employment with his employer and sought to bring a redundancy claim, the level of consideration of reasonableness, to be applied by a tribunal, remained that of Everest v Cox
(1980). The employee’s..
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01 February 2003
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151 - 01 February 2003
Breakdown in trust between employer and employee
Partly allowing an appeal against a tribunal decision of unfair dismissal, it was held that while an employee’s conduct, giving rise to a breakdown of trust and confidence with the employer, could allow fair dismissal, it was not to be equated..
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01 February 2003
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151 - 01 February 2003
Time limits in interest payments
A court has discretion to order the dates from, and to, which a party should pay interest on costs. This is in line with rule 44.3(6)(g) giving discretion to take account of the date on which costs incurred, can include a date prior to..
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01 February 2003
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151 - 01 February 2003
Compensation for wrongful conviction
A lower court decision holding that, under section 133 compensation rules for miscarriage of justice, the meaning of ‘wrongful conviction of an innocent accused’ would only give rise to compensation ‘to those ultimately proved..
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01 February 2003
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151 - 01 February 2003
Collateral illegality does not preclude receipt of lawful damages
Where a claimant was entitled to damages for the defendant’s negligence or breach of duty he should not be deprived of this because of his own collateral illegality or insignificant unlawful act.
However, in the case at issue the repeated..
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01 February 2003
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151 - 01 February 2003
Deduction of housing benefit
Applying the general principle laid down in Hodgson v Trapp
on deduction of benefits received from damages for loss of earnings, it was held that this included deduction of housing benefit (although neither specified nor excluded in the underlying..
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01 February 2003
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151 - 01 February 2003
State care not to be taken into account in assessment
In assessing future care needs for a claimant who suffered severe head injuries in a road accident, Mr Justice Elias rejected the defendant’s arguments that the availability of state care should be taken into account.
The proper extent of care..
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01 February 2003
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151 - 01 February 2003
No damages for the birth of a healthy child
Damages were not recoverable for the cost of bringing up a healthy child, even where that child was born as a result of medical negligence. The pregnancy occurred when the mother, confined under section 3 of the Mental Health Act, was placed in a..
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01 February 2003
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151 - 01 February 2003
Infection from growth hormone
A complex decision in a French court significantly extends potential pharmaceutical liability and victims’ right to seek redress. [See Medical Mix].
X v Institut Pasteur; Assn France Hypophyse • Tribunal de grande instance de Montpellier..
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01 February 2003
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151 - 01 February 2003
Length of event does not bar claim for grief reaction
A claim from a secondary victim for pathological grief reaction was not defeated by the fact that the precipitating event was spread over 36 hours. In the case at issue, the death of a 10-month old son as a result of the defendant’s alleged..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
Liability for safety of players
..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
Unreasonable delay in determining claim
Application to the Criminal Injuries Compensation Board (CICB) in 1998 for compensation to cover life-long care needed because of brain injury by parental violence when a baby. Claim still not determined by November 2002. Ruling that CICB delay was..
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01 February 2003
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151 - 01 February 2003
Abuse of public power
While there was no reason in law why an action in tort for interference with contractual relations could not be brought against a public official, the tort of misfeasance in public office, except in extreme cases, afforded appropriate remedy for..
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01 February 2003
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151 - 01 February 2003
‘Fishing trips’
Where a claimant’s case was arguably so speculative as to be near to abuse of process, he was still entitled to apply for pre-action disclosure to see if there was evidence to substantiate his claim.
At this stage the court should be reluctant..
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01 February 2003
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151 - 01 February 2003
Capacity to sue issue-related
Whether a claimant had the mental capacity to commence litigation, or needed the assistance of a litigation friend, was an issue-specific matter depending on the complexity of the action.
In the case at issue the claimant had been seriously injured..
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01 February 2003
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151 - 01 February 2003
Pre-emptive costs order; power to review an international instrument
Circumstances must be exceptional to allow a court to grant a pre-emptive costs order limiting the costs of the applicant. This in allowing an application for such order by the Campaign for Nuclear Disarmament (CND) in the course of judicial review..
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01 February 2003
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151 - 01 February 2003
Mitigation of costs risk in rejecting offer
Where an offer, made under rule 26.21 of the Civil Procedure Rules, was rejected and the eventual judgment of the court was less favourable, the court would order the rejecting party to pay costs on an indemnity basis and/or interest on damages at a..
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01 February 2003
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151 - 01 February 2003
Cross-border suits against on-line publishers; two views
The lower court decision allowing suits to be brought in Australia against on-line publishers of defamatory material in any part of the world (see LRI
January 2003) has been confirmed.
However, in the US, reversing a lower court decision, a libel..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
Undue delay precludes fair trial
Delays in civil procedure in a case of breach of contract arising from events in 1986 infringed the right to fair trial. The United Kingdom was found in breach of these rights through failure to arrange the civil procedure legal system so as to..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
Court not bound by EC Court of Justice
A national court is not bound by a preliminary ruling under article 234 EC where the European Court exceeded its jurisdiction by making findings of fact reversing those of the national court. This is a trade mark infringement case brought by a..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
Law determined by country of occurrence of main significant events
Where events which would be characterised as a tort took place outside England and in more than one country, the applicable law was that of the country where the events of most significance took place.
Protea Leasing Ltd v Royal Air Cambodge Co Ltd..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
Appeals against arbitrators’ decisions
The statutory criteria whereby a judge could allow appeal from an arbitrator’s decision was wider than his view that the arbitrator was probably wrong. Such permission was available on a point of law of general public importance where the..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
Irrationality the only reason to overrule ombudsman
Where the financial services ombudsman was called on to adjudicate a question of fairness, not covered by the Banking Code 1998, the only grounds for overruling his adjudication would be the irrationality of his decision.
Regina (Norwich and..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
Balance in making order for directors’ examination
Liquidators of a company commenced fraud proceedings against two directors, applied for and were granted an order under section 236 of the Insolvency Act that they appear before the Companies Court register to be examined on company affairs. The..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
Deafness as an (office) workplace injury
Award of £2,500 to a civil servant who, unaware of the risk at outset, worked for eight hours a day in a photo-copying room. After seven years he complained of the effect the noise had on his hearing, and later his GP diagnosed the onset of..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
Floods? Sue the lawyers!
Well, that’s the New Year’s advice from one of the broadsheet newspapers as householders become jumpy with the end of insurers’ two-year moratorium preserving flood cover for domestic and small business properties. This was given..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
IVF clinic director dismissed
Dr Geeta Nargund, dismissed from directorship of the IVF clinic where two women were implanted with wrong embryos for unconnected ‘non-clinical matters’, is bringing claims for libel and for unfair dismissal. The High Court libel writ..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
Finance director denied appeal
The finance director of St George’s Healthcare NHS Trust, Ian Perkin, is to claim unfair dismissal and violation of his right to express an honest opinion. His ‘sins’ include supporting a junior member of staff who refused to..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
Peers threaten suit
Some 70 hereditary peers who lost their seats in the House of Lords reforms of 1999 are to sue the government for up to £1mn each for loss of their ‘property rights’, citing an 1876 case so defining their seats. Led by Lord..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
Only incapacity prevents suits
Once, any child allocated to a particular school, or refused teaching appropriate to a disability, was at the mercy of the education authorities. Through legal representatives they have recently gained a voice and belated compensation for harm..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
Local authorities to sue stats office
Westminster Council is to sue the Office for National Statistics for errors in census count and report. An alleged 26% decrease in population will lead to a significant reduction in government funding.
This will be the first legal challenge of..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
Failure to inform of problems
Essex county council was found to have been at fault for failing to inform a couple, potential adopters, of the known and serious behavioural problems of the child aged five at the time of placement.
In the High Court Mr Justice Buckley accepted the..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
School detentions infringe human rights?
A schoolgirl has issued suit against Moray Council seeking damages for a number of detentions imposed by her school. This under the European Convention on Human Rights which was adopted in Scotland two years ago.
Her argument is that, while Article..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
School bullying of young dancer
Parents of 11-year old Kristopher King to sue Derby City Council and Asterdale Primary School after repeated and targeted bullying at the school injured his feet. He has already appeared successfully on stage, but surgery required when he is 16 will..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
Rugby player can seek damages
Richard Vowles suffered a broken back leading to paralysis, as the result of a collapsed scrum in an amateur game of rugby. Now, for the first time, an amateur referee of an adult amateur game has been held liable for injury suffered by a player.
In..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003
So where’s the real malpractice?
From tabloid newspapers to solemn journals, scarcely a day goes by without dire warnings that the money available to compensate medical accidents – outstanding claims ‘guestimated’ at up to £8bn – will come to dominate..
Online Published Date:
01 February 2003
Appeared in issue:
151 - 01 February 2003