i-law

Liability Risk and Insurance

Chemicals, pharmaceuticals and life sciences industry liability report
Chemicals, pharmaceuticals and life sciences industry liability report Marsh has published its “Chemicals, pharmaceuticals and life sciences industry” report, part of its “Liability Insurance Buyers Report, Europe 2005”. The..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Report on trends affecting US Casualty Industry
Report on trends affecting US Casualty Industry Guy Carpenter has published a new study, “Recent Legislative and Judicial Trends Affecting the US Casualty Industry.” The report provides an overview of enacted and pending federal and..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Axa Corporate Solutions exits P&I business
Axa Corporate Solutions exits P&I business A report in Lloyd’s List reveals that Axa Corporate Solutions is leaving the protection and indemnity business. The group said in a statement it would cease renewing P&I guarantees and..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Magian in new underwriting agency
Magian in new underwriting agency Magian Mutual Insurance, the mutual insurer established by PI Direct in 2003 to provide professional indemnity capacity which was then lacking in the market, has closed to new business as from the end of..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Guy Carpenter report on Liability Market in England and Wales
Guy Carpenter report on Liability Market in England and Wales A new report, “A Year in Review - 2005 Update: Issues and Trends Affecting the Liability Market in England and Wales,” has been published by Guy Carpenter. “A number of..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Managing Office Party Liability
Managing Office Party Liability So how was your Christmas? Or more to the point, how was your Office Christmas Party? The usual hedonism, acrimony and fights? Or a stale mince pie and some watered down mulled wine? Either way, the question has to be..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Care and Compensation
By Stephen Haddrill, Director General of the ABI
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Monthly quota
Monthly quota “This is not about fairness. This is yet another ruse by the insurers to try to spread panic about society’s ability to support the innocent victims of injury, when it’s actually about the insurance industry wanting..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Online maternity discrimination screening service launched
Online maternity discrimination screening service launched Russell Jones & Walker has launched EqualityXpress, a bespoke online maternity discrimination screening service. According to the law firm, EqualityXpress, available at www.rjw.co.uk, is..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
New president of the Employment Appeal Tribunal
New president of the Employment Appeal Tribunal Secretary of State for Constitutional Affairs and Lord Chancellor, Lord Falconer, has decided to appoint The Honourable Mr Justice Elias as President of the Employment Appeal Tribunal for the period 3..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
APIL responds to ABI proposals
APIL responds to ABI proposals The Association of Personal Injury Lawyers (APIL) says it is as anxious as the ABI to make the claims system more efficient, but warns that “any attempt to remove independent lawyers from the system will leave..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
ABI proposes faster compensation payments
ABI proposes faster compensation payments The time taken to settle the average personal injury compensation claim would fall from three years to just six months under proposals announced by the Association of British Insurers (ABI). The provision of..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Limits of liability for transportation and logistics industry
Limits of liability for transportation and logistics industry New research by Marsh reveals that while the average limits of liability purchased across the European transportation and logistics industry have decreased over the past 12 months, the..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Scottish teaching union wins £250,000 for members
Scottish teaching union wins £250,000 for members Trade union, the Educational Institute of Scotland (EIS) has revealed that Scotland’s education authorities and educational establishments have paid out almost £250,000 in..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Silica-related Renal and Connective Tissue Diseases
Silica-related Renal and Connective Tissue Diseases The Industrial Injuries Advisory Council (IIAC), has also published its Position Paper “Silica-related Renal and Connective Tissue Diseases.”The IIAC said that there is a body of..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
IIAC position paper on Sporting Injuries
IIAC position paper on Sporting Injuries The Industrial Injuries Advisory Council (IIAC), which advises the Secretary of State for Social Security on the Industrial Injuries Disablement Benefit (IIDB) scheme, has announced the publication of its..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Ministers of Religion should be treated as employees
Ministers of Religion should be treated as employees Trade union Amicus has welcomed the decision from The House of Lords to treat Ministers of Religion as employees. Amicus has campaigned to see Ministers of Religion enjoy the same employment..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Research on trends in rates of workplace injury
Research on trends in rates of workplace injury The Warwick Institute for Employment Research has produced a report entitled “Trends and context to rates of workplace injury” for the Health and Safety Executive. The aim of the report is..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Long-distance travel leads to greater risk of DVT
Long-distance travel leads to greater risk of DVT A research programme funded by the Department for Transport has confirmed that long-distance travel leads to a small but increased risk of deep vein thrombosis (DVT). The risk, which applies to all..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
New aviation unit from WR Berkley
New aviation unit from WR Berkley WR Berkley Corporation has announced the formation of Berkley Aviation, based in Santa Barbara, California. It will write aviation risks on behalf of WR Berkley Corporation’s insurance company subsidiaries...
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
DVT does not constitute an “accident”
DVT does not constitute an “accident” The Judicial Committee of the House of Lords has unanimously held that the onset of DVT in the course of, or caused by, air travel does not constitute an “accident” within the meaning..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
ATLA on special liability protections for vaccine producers
ATLA on special liability protections for vaccine producers The Association of Trial Lawyers of America (ATLA) has called for Congress to reject Merck’s demand for special liability protections for its vaccines. ATLA pointed to the New England..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Fourth annual “Judicial Hellholes” report from ATRA
Fourth annual “Judicial Hellholes” report from ATRA The American Tort Reform Association (ATRA) has published the fourth annual “Judicial Hellholes” report, a ranking of the worst courts in the United States. “Judicial..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
$10bn tobacco verdict reversed
$10bn tobacco verdict reversed A $10.1bn class action award against Philip Morris, the maker of Marlboro Lights and other low tar cigarettes, has been reversed by the Illinois Supreme Court. According to the Los Angeles Times: “In..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Mistrial in latest Vioxx lawsuit
Mistrial in latest Vioxx lawsuit The latest lawsuit involving Merck and the drug Vioxx has been declared a mistrial by a judge. The jury in Houston were unable to agree on whether the drug had caused a man’s fatal heart attack. Judge Eldon..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
MP calls for ban on sweetener Aspartame
MP calls for ban on sweetener Aspartame A Liberal Democrat MP is reported to have called for the sweetener Aspartame to be banned over fears it could cause cancer. Aspartame is used in 6,000 food and drink products including diet colas and other..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Big rise in product recalls in the UK
Big rise in product recalls in the UK The number of product recalls in the UK has shot up 16% over the last year according to research by Reynolds Porter Chamberlain (RPC). There were 166 recorded product recalls in the year to October 2005 compared..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Pesticide increases risks of lung cancer
Pesticide increases risks of lung cancer Workplace exposure to the common pesticide diazinon appears to increase the risk of lung cancer and possibly other cancers, a major study claims. According to the TUC publication “Risks”, new..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Personal injury claim fraudster gets jail
Personal injury claim fraudster gets jail A landmark case has seen a claims fraudster jailed and ordered to pay costs of more than £33,000. The fraudster was an amateur footballer who claimed that he had injured his knee on an uneven pavement,..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Legal protection against discrimination extended
Legal protection against discrimination extended The Government has announced new duties under the Disability Discrimination Act (DDA) 2005 which it says extend legal protection to thousands more people against discrimination. “Some quarter of..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Proving negligence on the balance of probabilities
Proving negligence on the balance of probabilities An employee failed to prove his employer was negligent in requiring him to lift pallets without a safe system of work. At first instance the Judge had concluded that the claimant had failed to prove..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Standard of care by consultant
Standard of care by consultant A consultant sonologist at a tertiary referral centre was negligent in failing to appreciate, when carrying out an ultra sound scan of a child while she was in utero, that the scan showed abnormalities of the..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Permission of court not required for withdrawal of pre-action admission
Permission of court not required for withdrawal of pre-action admission CPR r 14.1, which dealt with admissions made by a party to an action, did not extend to admissions made before proceedings were begun. Accordingly a party did not require the..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Comparator for female prison officer
Comparator for female prison officer The hypothetical comparator for a female prison officer conducting a rub-down search of a male prisoner was a male prison officer conducting a rub-down search of a female prisoner, despite the fact that a male..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Preference of expert evidence
Preference of expert evidence In a claim for personal injury as a result of a road traffic accident, the Court of Appeal concluded that the trial Judge had made no error in his preference of expert evidence. The case involved a claim for past and..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Sex discrimination is a civil matter and not “matters spiritual”
Sex discrimination is a civil matter and not “matters spiritual” An agreement between a minister of the Church of Scotland and the Church’s Board of National Mission whereby the minister undertook to perform the duties of an..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Refusal to accept Part 36 offers not unreasonable conduct
Refusal to accept Part 36 offers not unreasonable conduct A defendant’s refusal to accept Part 36 offers was not unreasonable conduct and should not be penalised in costs when it succeeded at trial. The Court of Appeal held that it is..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
DVT not an accident under Warsaw Convention
DVT not an accident under Warsaw Convention The onset of deep vein thrombosis (DVT) sustained during the course of or, arising out of, international carriage by air was incapable in principle of being an “accident” causing bodily injury..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
No duty to transfer proceedings to High Court
No duty to transfer proceedings to High Court Section 42 of the County Courts Act 1984, as substituted, did not enable or oblige a judge of the county court to transfer to the High Court an application for a freezing order wrongly made in that court..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
MRSA victim in settlement
MRSA victim in settlement A man has received “substantial” damages after settling claim against a hospital where he contracted MRSA. The man was left with severe injuries after contracting an infection after a triple heart by-pass..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Compensation cut for smoking negligence
Compensation cut for smoking negligence A widow’s compensation for the death of her husband from cancer has been cut because his smoking also contributed to his death. He had been employed as a boiler maker at Devonport military docks by the..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Union wins three unfair dismissal cases
Union wins three unfair dismissal cases Trade union Amicus has won a pay-out of more than £63,000 for three members on grounds of their unfair dismissal from a textile company. Amicus took three members’ cases to an Employment Tribunal..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Unfair dismissal claim succeeds
Unfair dismissal claim succeeds An employment tribunal has awarded £6,370 to a woman who was unfairly dismissed by her employer. The woman, an accommodation worker at a university, was dismissed for entering a property out-of-hours and..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
£220,000 settlement for widow
£220,000 settlement for widow The widow of a man who fell 40 feet to his death when a hatch cover he was standing on gave way, has been awarded £220,000 in a settlement with her husband’s employer. The man was an experienced steel..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Compensation for stepladder fall
Compensation for stepladder fall A woman has been awarded £6,500 in compensation after sustaining a fractured cheekbone in a workplace injury. She was awarded the sum in an out-of-court settlement, following a claim for damages against her..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
£2.8mn in damages for ambulance delay
£2.8mn in damages for ambulance delay An ambulance service has paid £2.8mn in damages to a woman who took an overdose resulting in brain damage. The woman claimed that an ambulance took 30 minutes to reach her and then failed to treat her..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Council loses two race discrimination cases
Council loses two race discrimination cases The Court of Session in Scotland has ruled that one of Glasgow City Council’s race equality officers was discriminated against when he applied for a managerial role on an asylum-seeker project. An..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
£30,000 for homophobic bullying
£30,000 for homophobic bullying A policeman has received an out-of-court settlement of £30,000 from his police force and police authority after he alleged he was subjected to homophobic bullying. He was reported to be claiming..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Six-figure damages for trampolining accident
Six-figure damages for trampolining accident A young woman who lost a leg after a trampolining accident at a sports centre has been awarded six-figure damages. The claim was made through her father’s membership of trade union UNISON. Her..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Award to counter-terrorist specialist
Award to counter-terrorist specialist An employment tribunal has awarded £52,146 to a former police detective for loss of earnings and injury to feelings. The retired detective, a specialist in counter-terrorism, claimed that he had been..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
£750,000 for contaminated blood illness
£750,000 for contaminated blood illness A man who contracted a rare degenerative illness after receiving contaminated blood products during an operation has been awarded a settlement of £750,000. The man sued the National Blood Service for..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Damages for cancer misdiagnosis
Damages for cancer misdiagnosis A hospital trust has paid damages to a woman who was misdiagnosed with cancer and as a result had a kidney removed. It turned out that she did not have cancer but instead had been suffering from kidney stones. She was..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Muslim man loses discrimination claim
Muslim man loses discrimination claim A Muslim man has lost his claim for religious and racial discrimination against an insurance company. The insurance salesman objected to work incentives which consisted of alcoholic drinks as his religion..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Mother sues over surviving twin after abortion
Mother sues over surviving twin after abortion A woman is suing an NHS Trust over the birth of her daughter following an abortion. The woman found out she was expecting twins when she was 16 and underwent an abortion. But later, at 33 weeks, she..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Youngest ever victim of mesothelioma
Youngest ever victim of mesothelioma An inquest has found that the death of a 32 year-old was caused by asbestos-related mesothelioma and recorded a verdict of Accidental Death. The man is believed to be the youngest ever victim of the asbestos..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
Couple to sue over Angel Falls plane crash
Couple to sue over Angel Falls plane crash A couple are reported to be suing one of Britain’s largest travel firms after their dream holiday ended in a plane crash. According to Which? Magazine, the couple were holidaying in Venezuela with the..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006
MPs call for increase in small claims limit
MPs call for increase in small claims limit The Commons Constitutional Affairs Committee has released a report urging the Government to review the maximum limits set on the small claims system in the county courts. At present the small claims system..
Online Published Date:  01 January 2006
Appeared in issue:  185 - 01 January 2006

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