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Compensation culture catches on in the UK
Zurich London’s Industry Insight
Behind the fascination with the more extreme examples of the US tort system lies a deadly serious message. Americans’ willingness to sue is being mirrored in the UK, where warning voices are already being..
Online Published Date:
01 May 2004
Appeared in issue:
165 - 01 May 2004
Evandale’s London Insurance Market Directory 2004/2005
Informa has announced the publication of the New 2004/2005 edition of Evandale’s London Insurance Market Directory. The fully revised and updated market directory is described as “the complete contact book for the world’s number..
Online Published Date:
01 May 2004
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165 - 01 May 2004
Lloyd’s sees £1.9bn profit for 2003
Lloyd’s has reported a profit of £1892mn, before tax, for 2003 on a pro forma annually accounted basis, an increase of 127% on 2002 (2002: £834m). Lloyd’s has also announced an initial projection of profit of £1780mn on a..
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01 May 2004
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165 - 01 May 2004
Liability policy and claims database for Australia
The Australian Prudential Regulation Authority (APRA) has announced that insurers operating in Australia will have to record their liability underwriting and claims details on a national database. This can then be used by the whole industry for..
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01 May 2004
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165 - 01 May 2004
Office and liability package from Hiscox
Hiscox has launched a new combined office and liability package for the office-based professional, following a successful pilot scheme.
According to the insurer, the Hiscox Professional Office Package “is a new and highly-efficient way for..
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01 May 2004
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165 - 01 May 2004
D&O for multinationals
While most US Directors & Officers (D&O) policies are generally designed to provide worldwide coverage, this may not be sufficient for multinational companies. This is according to a Willis commentary in the US, which says that despite the..
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01 May 2004
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165 - 01 May 2004
Competition re-enters the US D&O market
Looking at the US Directors’ & Officers’ liability market, the latest Willis Group report on Insurance Marketplace Condition says: “After two to three years of skyrocketing rates and constricting terms, competition and..
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01 May 2004
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165 - 01 May 2004
London market under pressure
The London aviation market is coming under pressure from rising passenger liabilities, according to Nick Brown, chair of the aviation executive committee of the International Underwriting Association (IUA).
In a speech in London, Mr Brown warned..
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01 May 2004
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165 - 01 May 2004
Sept 11 disaster a single insurable event
The jury in the World Trade Center (WTC) insurance trial has ruled that cover written by Swiss Re was based on the Willis’ WilProp form. This is the form that interprets the September 11 disaster as a single insurable event. The jury had..
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01 May 2004
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165 - 01 May 2004
Organisations slam US legal system
“The American Legal System is out of control. Rising liability costs place a crippling burden on American businesses and have strained the ability of insurers to meet demand for liability coverages. Legislative tort reform, both at the state..
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01 May 2004
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165 - 01 May 2004
Willis reports on “unusual” US casualty market
The current US casualty insurance marketplace is an unusual one, unprecedented in diversity and nuance, according to the latest Willis Group report on Insurance Marketplace Conditions.
“For most industry groups, rate increases have given way..
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01 May 2004
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165 - 01 May 2004
US insurers join attack on asbestos bill
Five US insurance groups (AIG, American Re, Chubb, General Re, and Swiss Re America) have also publicly criticised the bill. The insurance groups say that they have had serious reservations for some time about a trust fund approach to solving the..
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01 May 2004
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165 - 01 May 2004
Irritable Desk Syndrome – the new liability?
Forget RSI, toxic mould, stress, and sick building syndrome. Watch out for claims from the latest office-based problem - Irritable Desk Syndrome. This terrible affliction is apparently caused by technology and our own laziness.
Research commissioned..
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01 May 2004
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165 - 01 May 2004
Workplace claims costs are soaring
Another thorny area covers accidents and illness in the workplace, and the world of employers’ liability. The UK’s Association of British Insurers (ABI) says the current compensation method is no longer sustainable, and that the role of..
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01 May 2004
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165 - 01 May 2004
Judges plead: “End culture of blame”
The message has been reinforced by Britain’s most senior judges. In August 2003, the five law lords on the Appellate Committee of the House of Lords ruled that individuals must take responsibility for their own actions, and called for an end..
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01 May 2004
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165 - 01 May 2004
Car “accident” ring organized major fraud
Critics look with trepidation at some of the reports coming out of the US. In the summer of 2003, for example, officials in New York broke a major insurance fraud ring which had turned the compensation culture to its advantage by orchestrating..
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01 May 2004
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165 - 01 May 2004
Warning of economic damage
He dismissed the argument that tort reform is a political issue and insisted it is an economic one. “We need to see politicians and influencers set aside their political agendas and recognize that spiralling litigation impacts all political..
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01 May 2004
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165 - 01 May 2004
Allen & Overy becomes a UK Limited Liability Partnership
International law firm Allen & Overy’s has announced that its partnership has voted unanimously to convert to a UK Limited Liability Partnership (LLP).As from 1 May 2004,Allen & Overy becomes the first international firm to become a..
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01 May 2004
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165 - 01 May 2004
Claims management firms attacked by unions
No win-no fee personal injury claims management firms have been attacked for conning people into agreements that can cost them more than the compensation they receive.
The attack comes from trade union lawyers Thompsons and print union GPMU..
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01 May 2004
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165 - 01 May 2004
Consultation on varying periodical payments orders/agreements
The government has announced a consultation on a further partial Regulatory Impact Assessment on the impact of allowing the courts to vary periodical payments orders and agreements.
The consultation is aimed at claimants, defendants, insurers,..
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01 May 2004
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165 - 01 May 2004
Axis US forms new professional liability unit
Axis US Insurance has formed a new professional liability unit and established a dedicated unit for financial institutions business.
Axis Professional Liability (Axis PRO) offers miscellaneous professional liability, media liability, lawyers..
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01 May 2004
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165 - 01 May 2004
Barristers urged to use premium finance
Barristers have been warned by the Bar Council to buy more professional indemnity (PI) cover on the open market, leaving them facing increased premiums.
A study by the Bar Council’s legal services committee revealed that a large number of..
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01 May 2004
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165 - 01 May 2004
Teachers demand right to sue
Teachers at the annual conference of the NASUWT teachers’ union have voted to call for a change in the law so that teachers would be able to sue children who make false accusations against them, or sue their parents.
According to the NASUWT,..
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01 May 2004
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165 - 01 May 2004
EL for small businesses
The government has announced a wide-ranging consultation on whether to remove the requirement for some of the UK’s smallest businesses to have employers’ liability compulsory insurance.
The government says the move could affect up to..
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01 May 2004
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165 - 01 May 2004
Hospitality trade to face smoking court actions
Action on Smoking and Health (ASH) and law firm Thompsons have said that legal actions for compensation over second-hand smoke in the workplace have come another step closer, accusing the hospitality trade of a “stubborn failure to act”..
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01 May 2004
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165 - 01 May 2004
Criminal injuries compensation proposals
Shopworkers’ union Usdaw has called proposals to alter the scheme for compensating victims of crime “unjust, unwelcome and ill-considered.”
The government has issued a consultation paper on changes to the Criminal Injuries..
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01 May 2004
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165 - 01 May 2004
Premiership clubs hit by insurance withdrawal
Leading soccer clubs are still risking multi-million pound compensation payouts as insurers refuse to cover players who injure their opponents.This is the warning from Manchester-based insurance broker UK & Ireland Insurance Services which..
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01 May 2004
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165 - 01 May 2004
Unions fail in equality case
The courts have ruled that the Government’s 2003 Employment Equality (Sexual Orientation) Regulations were not flawed and were not incompatible with European law. Unions, including Amicus, the RMT and Unison, failed in the legal case to..
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01 May 2004
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165 - 01 May 2004
Pregnancy discrimination survey from EOC
The Equal Opportunities Commission (EOC) has announced some findings of an initial survey into pregnancy discrimination. The Commission launched “Pregnant and Productive,” the UK’s first ever investigation into pregnancy..
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01 May 2004
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165 - 01 May 2004
NHS consultants call in stress specialists
Consultants at an NHS Trust hospital have brought in a team of psychologists over concerns about stress levels. According to Hospital Doctor magazine, the team will carry out a survey and use the results to identify any problems and draw up an..
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01 May 2004
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165 - 01 May 2004
HSE’s stress management standards ignored
A survey of safety professionals by business information service Croner, has found that nearly 80% have taken no action to implement the HSE’s stress management standards. These new health and safety management standards were brought in to..
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01 May 2004
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165 - 01 May 2004
Noise regulation consultation from HSC
The Health & Safety Commission (HSC) has published a consultative document on the proposed regulations and guidance implementing the European Physical Agents (Noise) Directive.
The regulations are about protecting workers from exposure to..
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01 May 2004
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165 - 01 May 2004
BA funds legal costs of claimants
British Airways has said it will waive potential legal costs in a case in which the airline is being sued by victims of deep vein thrombosis. Lawyers acting for DVT claimants against a number of airlines had stopped all but one of the cases because..
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01 May 2004
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165 - 01 May 2004
New EU laws may mean excessive claims
European employers’ lobby UNICE has told the BBC’s World Business Report that new European Union laws forcing polluting firms to pay clean-up costs will expose businesses to excessive claims. UNICE said that businesses could be..
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01 May 2004
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165 - 01 May 2004
Excess cover plus pollution cover from ACE
ACE Casualty Risk, has launched a new “Lead Umbrella with Premises Pollution Liability” programme designed to provide businesses with a combination of excess casualty capacity enhanced with coverage for premises pollution..
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01 May 2004
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165 - 01 May 2004
Calls for TRIA extension beyond 2005
The American Association of State Compensation Insurance Funds (AASCIF) has called for the extension of the federal Terrorism Risk Insurance Act beyond its 31 December 2005 expiration date.
“TRIA is especially critical in workers’..
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01 May 2004
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165 - 01 May 2004
Terror pool for workers’ comp study
The insurance industry for workers’ compensation (WC) would not have enough capital to withstand potential losses on its own should a catastrophic terrorism event, or multiple events, occur in the US, according to a report from Tillinghast..
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01 May 2004
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165 - 01 May 2004
Insurance associations attack US asbestos reform bill
The National Association of Mutual Insurance Companies, Property Casualty Insurers Association of America, and the Reinsurance Association of America have issued a Joint Statement on S2290, the latest asbestos reform bill.
The group says that the..
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01 May 2004
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165 - 01 May 2004
City-wide smoking ban overturned
The city of Levanger in Norway had banned all smoking by city workers during working hours, anywhere in the city. However, the ban was declared invalid when the county administrator ruled such a strict ban contravenes human rights.
Indeed, the..
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01 May 2004
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165 - 01 May 2004
Court throws out $21.7mn award
An appeals court in California has thrown out a $21.7mn award against tobacco groups RJ Reynolds and Altria. The decision was made on the grounds that the jury should have been told about a statutory immunity period protecting tobacco companies from..
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01 May 2004
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165 - 01 May 2004
Three studies highlight passive smoking risks
New research shows that passive smoking leads to an increased risk of death, heart attacks, and can mean the slower healing of wounds.The British Medical Journal online published research that showed for non-smokers who live with a smoker, there is..
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01 May 2004
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165 - 01 May 2004
EU bans jelly mini-cup sweets
The European Commission has introduced a ban on the sale of jelly mini-cup sweets while the European Food Safety Authority considers whether these sweets could cause choking.
The UK’s Food Standards Agency said that a trade withdrawal of all..
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01 May 2004
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165 - 01 May 2004
Metal pieces found in baby milk
The Food Standards Agency has warned that small fragments of metal have been found in some tins of SMA Wysoy milk formula powder.
The manufacturer, SMA Nutrition, has launched a UK and Ireland-wide product recall to ensure any affected tins are..
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01 May 2004
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165 - 01 May 2004
Product liability risk from EU enlargement
A new research paper from Marsh, “Risk management for an enlarged EU: Issue 2 – 2004”, has revealed that as many as 35% of companies in Eastern European candidate states are not compliant with new EU rules on consumer protection..
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01 May 2004
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165 - 01 May 2004
Vitamin pills in heart attack scare
New research has revealed that vitamin pills may interfere with liver function and thereby increase levels of a cholesterol which is strongly linked to an increased risk of a heart attack.
The US researchers found that vitamins C, E and betacarotene..
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01 May 2004
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165 - 01 May 2004
MRSA – claims on the way?
The next big liability claim issue could be Methicillin Resistant Staphylococcus Aureus, or the MRSA “Superbug” as it is sometimes known. Leigh, Day & Co says it is investigating claims on behalf of people who have contracted MRSA..
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01 May 2004
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165 - 01 May 2004
Struck off doctors prepare expert reports
A report in the Times has revealed that a number of doctors and surgeons who have been struck off are currently working in the medical negligence sector. In one case reported by the paper, a gynaecologist was working for medical experts on clinical..
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01 May 2004
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165 - 01 May 2004
NHS guidelines on caesarean section
The National Institute for Clinical Excellence (NICE), in conjunction with the National Collaborating Centre for Women’s & Children’s Health, has published new guidelines to the NHS in England & Wales which set out the best..
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01 May 2004
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165 - 01 May 2004
Allegation of prejudice against chairman
The Court of Appeal ruled that when the Employment Appeal Tribunal heard an allegation of prejudice against an employment appeal chairman who refused to stand down, it should not simply test the tribunal’s decision on the established test of..
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01 May 2004
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165 - 01 May 2004
Breach of employer duty in vibration syndrome
This case involved six lead cases arising from 57 similar cases in which appellants suffered a condition known as Hand/Arm Vibration Syndrome (HAVS). Three of the claims failed on causation. The remaining three claimants appealed against the..
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01 May 2004
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165 - 01 May 2004
Pupillage not same as membership
A set of barristers’ chambers was a trade organisation but a pupil barrister applying for pupillage was not applying for membership and was therefore unable to claim disability discrimination under the Disability Discrimination Act 1995. The..
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01 May 2004
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165 - 01 May 2004
No duty to erect warning signs
The statutory duty on a highway authority to the highway did not include the provision of road signs. Nor did the common law duty to provide signs.
The House of Lords dismissed an appeal from the claimant who had driven her car head on into a bus...
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01 May 2004
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165 - 01 May 2004
Benevolence exception and insurance exception do not apply
The claimant suffered a serious accident at work as a result of which he was retired on the grounds of ill health.The employer’s “Temporary Total Disablement” and “Permanent Total Disability” insurance policy made..
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01 May 2004
Appeared in issue:
165 - 01 May 2004
Liability for both physical and psychiatric injuries
In a case involving an accident which the pursuer had already warned his employers about, which caused him physical injury resulting in the development of a skin condition and causing a prolonged absence from work leading to a depressive mental..
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01 May 2004
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165 - 01 May 2004
Duty of care to wives of employees
Employers owed a duty of care to take reasonable care not to expose the wives of their employees to the risk of injury to their health consequent on their exposure to asbestos dust brought home each working day on the workers’ clothes.
The..
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01 May 2004
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165 - 01 May 2004
Hatton v Sutherland stress guidelines endorsed
In this ruling, the House of Lords endorsed the guidelines set in place by the Court of Appeal in Hatton v Sutherland
.
The case involved a teacher who sustained a mental breakdown brought about by the pressures and stresses of his workload. He..
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01 May 2004
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165 - 01 May 2004
No serious procedural irregularity
In this traffic accident damages claim, the claimant’s solicitors had inadvertently included in their High Court appeal bundle references to the defendant’s part 36 offer which had been tendered before the county court hearing. Without..
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01 May 2004
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165 - 01 May 2004
No breach of the right to education
The Court of Appeal allowed an appeal in part against the decision of a judge to dismiss a claim for damages against the School by the claimant. The Court of Appeal held that there was no breach of the right to education under the European..
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01 May 2004
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165 - 01 May 2004
Law Society’s model conditional fee agreement enforceable
The wording of the Law Society’s model conditional fee agreement is defective but still enforceable, according to the Supreme Court Costs Office.
The case involved a claim for costs of over £1mn. The defendant challenged whether the Law..
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01 May 2004
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165 - 01 May 2004
Removal and retention of organs
The practice of not warning parents that a post-mortem examination might involve the removal and retention of an organ could not be justified in all cases, since doctors could owe a duty of care to a mother after the death of her baby.
There was no..
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01 May 2004
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165 - 01 May 2004
Employer failed to instruct claimant
The case involved a claim by a joiner against his employer. He lost his left thumb and index finger in an accident involving a circular saw.
The judge at first instance found that, whilst the saw was in no way defective, the accident could have been..
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01 May 2004
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165 - 01 May 2004
Thorough findings of fact required
The Court of Appeal held that a claim for damages for injury alleged to result from negligence by a local authority raised important issues as to whether the council owed any duty of care. And if a duty was owed, whether there was any breach of..
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01 May 2004
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165 - 01 May 2004
Compensation for police negligence
Greater Manchester Police Force has been ordered by the High Court to pay £134,000 compensation to a man who was forced to enter an assisted protection scheme and undergo a complete change of identity, address and lifestyle after police..
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01 May 2004
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165 - 01 May 2004
Teacher in stress award of £72,547
A former maths teacher has been awarded £72,547 in damages after he suffered a stress-related illness and lost his job. He sued the council and was originally awarded £101,000, but this was overturned by the Court of Appeal in 2002...
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01 May 2004
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165 - 01 May 2004
Cirque du Soleil settles HIV discrimination case
The US Equal Employment Opportunity Commission has announced the settlement of an employment discrimination case under the Americans with Disabilities Act of 1990 (ADA) against Cirque du Soleil, (US) for $600,000 and significant remedial relief on..
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01 May 2004
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165 - 01 May 2004
Pharmaceutical firm ordered to pay $1bn
A Texas state court jury has ruled that US pharmaceutical firm Wyeth should pay $1bn to the family of a woman who died as the result of respiratory disease allegedly connected to her use of the diet drug Fen-Phen. The award includes $113m in..
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01 May 2004
Appeared in issue:
165 - 01 May 2004
Racial discrimination case against police
A black office worker who brought a claim of racial discrimination against Gwent Police has been awarded £8000. She won an employment tribunal case back in 2001 against the police force and an employee. The man appealed and at a tribunal..
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01 May 2004
Appeared in issue:
165 - 01 May 2004
Nursery nurse sacked for being pregnant
A trainee nursery nurse has received £7500 in compensation after she was sacked by a nursery for becoming pregnant. She had claimed unfair dismissal and sexual discrimination at the industrial tribunal. She was given less than a week’s..
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01 May 2004
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165 - 01 May 2004
Damages for car crash victim
A passenger in a car that was hit head-on has been awarded £1.1mn. The accident left her with head injuries, multiple fractures and damage to her lung, liver and spleen. The court ruled that although the claimant might have expected a larger..
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01 May 2004
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165 - 01 May 2004
Town clerk unfairly dismissed
A town council clerk has received £9000 in compensation for unfair dismissal. She had been dismissed for gross misconduct, but the employment tribunal accepted her claim that he had been subjected to bullying by councillors.
The award was..
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01 May 2004
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165 - 01 May 2004
Sex discrimination of pregnant woman
An Edinburgh Employment Tribunal ruled that Royal London Alliance/Scottish Life’s treatment of Ann-Marie Campbell following her pregnancy amounted to direct sex discrimination. It awarded her £9000 compensation (plus interest) for injury..
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01 May 2004
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165 - 01 May 2004
Man sues New York City over exploding toilet
A court official in New York is reported to be suing New York City after a toilet that he was sitting on exploded. The broken toilet has resulted in four herniated discs in his back, according to the man, who is claiming $5mn. He told the New York..
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01 May 2004
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165 - 01 May 2004
Pizza causes anaphylactic shock
A young woman received undisclosed damages from a restaurant chain after their insurers admitted liability for the severe allergic reaction she suffered after eating one of their pizzas.
The woman had an anaphylactic shock in reaction to eating a..
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01 May 2004
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165 - 01 May 2004
Sex and race discrimination against police
A chief inspector is taking the chief constable of Greater Manchester Police, and other officers, to an industrial tribunal accusing them of sex and race discrimination. The chief inspector is one of Britain’s most senior black women..
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01 May 2004
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165 - 01 May 2004
Teenager pinned by police car sues
The family of a teenager is suing the Metropolitan Police for damages after he was pinned to a wall by a patrol car. The police officer involved was fined 13 day wages but was not suspended. The boy’s right leg was fractured in the..
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01 May 2004
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165 - 01 May 2004
Undercover cop wins stress damages
An undercover detective has won the right to damages because of the stress caused by his work. He was forced to carry out a dangerous bugging operation nine times because of faulty equipment. After the operation, he suffered a stroke.
The Court of..
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01 May 2004
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165 - 01 May 2004
Silo death widow sues
The widow of a man who died in a grain silo is suing his former employer. She is claiming £1.1mn in damages. The man was starved of oxygen as he left the silo and fell back into the silo unconscious.The company was fined £200,000 in 2003..
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01 May 2004
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165 - 01 May 2004
Claimant not to blame for delays
A man who was barred from bringing his case because of delays has been allowed to continue with the case. The man is suing his local county council for £200,000 over the lack of action at school in relation to his speech problem.
A High Court..
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01 May 2004
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165 - 01 May 2004
Rail companies accept liability over Potters Bar
Network Rail and Jarvis plc have formally accepted liability on behalf of the rail industry for all legally justified claims brought by the bereaved and injured in respect of the Potters Bar crash that took place in May 2002.
Just a few months after..
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01 May 2004
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165 - 01 May 2004
City trader settles with bank
A City trader has settled a case with her employers for an undisclosed amount.The woman claimed that her job almost led her to commit suicide. She was suspended by the bank after she left work early. She was later admitted to the Priory Clinic and..
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01 May 2004
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165 - 01 May 2004
Housing officer to sue for stress
A former housing officer is to sue his employers for giving him an excessive workload which resulted in stress. He is claiming £150,000 in compensation.
The council disputes liability, pointing out that the employee never complained of..
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01 May 2004
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165 - 01 May 2004
Tour operator sued over holiday illness
A number of British families who travelled to Ibiza in 2003 became violently ill with vomiting, diarrhoea and excruciating stomach cramps. As a result, several families are pursuing legal action for compensation against the tour operator with others..
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01 May 2004
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165 - 01 May 2004
No-one to blame for sports injury
A sports injury claim made against the Museum of Science & Industry in Manchester has been thrown out. The case, defended by Davies Arnold Cooper, hinged on whether the fact that the claimant had sustained an injury automatically meant that the..
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01 May 2004
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165 - 01 May 2004
Vibration white finger compensation
ISTC – The Community Union has won a case on behalf of current and former members of the union who were previously employed by Corus at the Llanwern steelworks.
According to ISTC, the victory opens up the potential for hundreds of other people..
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01 May 2004
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165 - 01 May 2004
Work and health in the EU – official statistics
Eurostat, the Statistical Office of the European Communities, has produced a report “Work and health in the EU - A statistical portrait” which offers a picture of accidents and discrimination and work throughout the EU.
The report uses..
Online Published Date:
01 May 2004
Appeared in issue:
165 - 01 May 2004