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Giving spurious litigation the finger
It’s amazing what lengths people will go to in order to make a claim – especially in the US. In the land of “Judicial Hellholes” and absurd claims, it s hard to be surprised at the kind of thing people will sue over, but one..
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01 February 2006
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186 - 01 February 2006
Expert Forecast on Emerging Physical Risks Related to Occupational Safety and Health
By the European Agency for Health and Safety at Work
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01 February 2006
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186 - 01 February 2006
Monthly Quota
“The only publicly known large losses in Europe have resulted from US securities litigation, all of which have been driven by Securities Exchange Commission claims. What drives a D&O claim is simple: you say one thing – about your..
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01 February 2006
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186 - 01 February 2006
First Assist “Pursuit” insurance premium claim settled
Withy King Solicitors has settled a First Assist “Pursuit” insurance premium claim at £105,000, three weeks prior to a detailed assessment hearing which was listed in the Supreme Court Costs Office (SCCO).
It was agreed using the..
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01 February 2006
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186 - 01 February 2006
APIL warns against removing lawyers from claims system
APIL has said it is as anxious as the ABI to make the claims system more efficient, but has warned that any attempt to remove independent lawyers from the system “will leave injured people in the hands of insurers whose first duty is to their..
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01 February 2006
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186 - 01 February 2006
ABI’s proposals for reform of UK compensation system
The Association of British Insurers (ABI) is proposing a new ‘Care and Compensation’ package to reform the UK compensation system by cutting red tape and enabling claimants to get medical help and damages payments faster. The ABI said..
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01 February 2006
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186 - 01 February 2006
Increased limits on employment rights awards
The Department of Trade & Industry has announced that the limits on payments and awards made to workers in employment rights cases has risen from 1 February 2006 in line with inflation.
The increased limits affect:
statutory redundancy..
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01 February 2006
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186 - 01 February 2006
Legally aided clinical negligence figures revealed
The government has revealed that 6,217 legally aided clinical negligence cases were closed in 2005. Of these, 2,574 went beyond the investigation stage, and only around half resulted in a “substantive benefit to the client.”
The figures..
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01 February 2006
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186 - 01 February 2006
PI and D&O report from Willis
Willis has said that professional indemnity and directors’ & officers’ coverage remains largely unchanged: no major changes to UK wordings have been either imposed or proposed by reinsurers.
In its report “Willis Re-View as @..
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01 February 2006
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186 - 01 February 2006
Willis reports on liability reinsurance market
Willis has produced its latest reinsurance review and forecast, entitled “Willis Re-View as @ 1.1.2006.” In the section on “Casualty (International) General Third Party & Employers’ Liability”, Willis said:..
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01 February 2006
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186 - 01 February 2006
HCC Insurance acquires Illium Insurance Group
HCC Insurance has closed its recently announced acquisition of the remaining 80% of the outstanding shares in UK based holding company Illium Insurance Group Ltd., for an undisclosed consideration.
Illium is the owner of a Lloyd’s managing..
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01 February 2006
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186 - 01 February 2006
Directors’ guide to health, safety and the environment
A new book designed “to help directors sleep at night” has been launched by the Institution of Occupational Safety’s and Health. “Questioning performance – the director’s essential guide to health, safety and the..
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01 February 2006
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186 - 01 February 2006
Directors’ & Officers’ Liability: US claims still soaring
Only one in ten underwriters reported a fall in directors’ and officers’ (D&O) liability claims last year, with shareholders by far the biggest source of new litigation. This is according to a feature entitled “Directors’..
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01 February 2006
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186 - 01 February 2006
Claims against solicitors up to £15,000 not through court
Consumers who want to claim up to £15,000 for poor work by solicitors will no longer have to go through the courts, DCA Minister Bridget Prentice has announced.
From 1 January 2006, the Law Society can order a solicitor to make a payment up to..
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01 February 2006
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186 - 01 February 2006
European Agency survey on emerging physical risks
Changes in society, work organisation and production methods are leading to new types and new combinations of occupational risks which demand new solutions, according to a recent survey.
The survey was carried out among a panel of over 60 safety and..
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01 February 2006
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186 - 01 February 2006
One in three workers suffer from stress
A new study into perceived levels of stress shows that one in three workers across occupations suffer from poor psychological health, suggesting that all organisations need to take stress seriously. The research by Saqib Saddiq, a psychologist at..
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01 February 2006
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186 - 01 February 2006
Stress survey from health charity DPP
Automated call centres, mobile phones and computers crashing top the stress scale of modern life according to a new report from health charity DPP entitled “Developing Patient Partnerships. According to the report, over a third of men (34%)..
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01 February 2006
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186 - 01 February 2006
Stress at work link with heart disease and diabetes
A new study by researchers from UCL Epidemiology and Public Health has found that stress at work is an important factor in causing heart disease and diabetes.
Led by Dr Tarani Chandola, the study builds on previous supposed connections between..
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01 February 2006
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186 - 01 February 2006
Townshend warns of damage to hearing from headphones
Pete Townshend, legendary guitarist with The Who, has warned about the danger of possible hearing damage caused by headphones. Writing on his website, Mr Townshend said that his own particular kind of damage was caused by using earphones in the..
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01 February 2006
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186 - 01 February 2006
Scarce aviation rate reductions says Aon
Aviation rate reductions may become scarcer in the first few months of 2006 as underwriters implement new business plans during the quiet first quarter, according to the aviation division of Aon Limited. In the January issue of Airline Insurance..
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01 February 2006
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186 - 01 February 2006
US D&O survey from Tillinghast
Half of all public and private companies have received directors’ and officers’ (D&O) liability insurance inquiries from their board members, according to the “D&O Liability 2005 Survey on Claims and Insurance Purchasing..
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01 February 2006
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186 - 01 February 2006
Kellogg and Viacom sued over adverts
Kellogg Company and Viacom (the parent company of Nickelodeon) are being sued in the US as a means to halt advertising efforts aimed at children. The companies are being sued by the Center for Science in the Public Interest and the Campaign for a..
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01 February 2006
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186 - 01 February 2006
Amicus and its lawyers condemn ruling
Trade union Amicus, and its lawyers, acting for asbestos claimants across the UK, have condemned the judgment given by the Court of Appeal. Thompsons Solicitors said it is now applying for leave to appeal the decision to the House of Lords on behalf..
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01 February 2006
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186 - 01 February 2006
Insurers welcome pleural plaques decision
The defendant insurers in the case, Zurich and Norwich Union, welcomed the decision. Steve Thomas, technical claims manager, Zurich UK General Insurance, said the judgment “draws a clear line under the issue of whether pleural plaques should..
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01 February 2006
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186 - 01 February 2006
Court of Appeal rules that pleural plaques are not compensatable
The Court of Appeal has ruled that pleural plaques are not compensatable, overturning a ruling by the High Court. Last year the High Court ruled that claimants with pleural plaques should receive compensation, although it reduced the amounts..
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01 February 2006
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186 - 01 February 2006
Fourth Vioxx trial held in “Judicial Hellhole”
The judge presiding over the fourth Vioxx trial which began at the end of January in Starr County,Texas, should take the opportunity to put an end to the abuses that run rampant in Judicial Hellholes, according to the American Tort Reform..
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01 February 2006
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186 - 01 February 2006
No increased risk of glioma from mobile phones
Mobile phones are not associated with an increased risk of the most common type of brain tumour, according to the first UK study of the relationship between mobile phone use and risk of glioma.
The four-year study by the Universities of Leeds,..
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01 February 2006
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186 - 01 February 2006
Compensation Bill: Winning the blame game?
Will the Compensation Bill, put before the House of Commons in November, make a dent in Britain’s growing compensation culture? According to Aon, the answer to this question largely depends on how much pressure is placed on Government by..
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01 February 2006
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186 - 01 February 2006
Allegation of fraud or fabrication not necessary
A defendant need not include specific allegations of fraud or fabrication in defences to claims involving low velocity impact.
This was a claim for a soft tissue whiplash injury allegedly sustained in a low velocity impact road traffic accident. The..
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01 February 2006
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186 - 01 February 2006
No duty of care to stop
A motorist was not required to stop to allow pedestrians who had crossed to the middle of the road to complete their crossing. A four year old pedestrian was hit by a driver and sustained serious injury when she ran into the road in front of her..
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01 February 2006
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186 - 01 February 2006
Scope of the duty of care owed
Ms Sam appealed against a refusal to award her damages resulting from the negligent driving of Ms Atkins. She had come into contact with Ms Atkin’s moving vehicle and allegedly sustained injuries as a result. The trial Judge found that..
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01 February 2006
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186 - 01 February 2006
Damages cut by smoker’s contributory negligence
The deceased’s continuing to smoke tobacco when he should have given up was a substantial and exacerbating cause of his lung cancer and hence death, and constituted contributory negligence on his part. Damages recoverable by his widow would be..
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01 February 2006
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186 - 01 February 2006
Overseas employment disputes
An employee could bring a claim in the employment tribunal for unfair dismissal by a foreign company if his employment was based in Britain.
A British expatriate employee of a British employer could bring a claim for unfair dismissal if he was..
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01 February 2006
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186 - 01 February 2006
Pleural plaques and cause of action in negligence
There was no precedent for aggregating several heads of claim which individually were incapable of founding a cause of action so as to constitute sufficient damage to give rise to a legal claim.
A claimant who had, as a result of exposure to..
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01 February 2006
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186 - 01 February 2006
Limitation period starts from date of judgment
The two-year limitation period under section 10 of the Limitation Act 1980 for a tortfeasor who sought a contribution from a joint tortfeasor started to run from the date of the judgment or award on quantum, not the determination of liability.
The..
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01 February 2006
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186 - 01 February 2006
Duty of care to whom?
A local authority, investigating the possibility of child abuse and undertaking care proceedings in respect of the particular child, did not owe a duty of care to the child’s parents while the child was subject to an interim care order, or..
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01 February 2006
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186 - 01 February 2006
Investment bank sued for $1.4bn
A German investment bank in the US is being sued for $1.4bn by six female employees. The women are suing for gender discrimination, alleging that they were denied equal pay. Reports say that they also allege that women were hired as “eye..
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01 February 2006
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186 - 01 February 2006
Scarring from café burn
A woman has received a £9,000 settlement after sustaining serious shoulder and arm burns while working as a waitress in a café, leaving her with permanent scarring. She was awarded the sum in an out of court settlement.
The accident..
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01 February 2006
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186 - 01 February 2006
Scarring from molten metal
A steel worker has been awarded £10,000 in compensation after being left with permanent scarring in a workplace injury. The man was melting manganese scrap metal in a furnace when it exploded, covering him in molten metal. He was admitted to..
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01 February 2006
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186 - 01 February 2006
£85,000 for strain injury to neck
An employee at a car plant has won £85,000 after suffering an injury while working at a car plant. He was attempting to push a stillage with his arms held out parallel. One of the castor wheels was defective and the stillage “didn’t..
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01 February 2006
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186 - 01 February 2006
£5000 settlement for underwriter trip
An insurance underwriter has won an undisclosed out-of-court settlement from her employer after she tripped over files left on the floor of her office. She had claimed £5,000 for pain, suffering and loss of earnings. She was reported to have..
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01 February 2006
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186 - 01 February 2006
Man sues for prison attack
The Home Office is being sued for £2mn in damages by a man who was attacked while working in a young offenders’ institution. The man was an instructor and was attacked in the building workshop by two escaping inmates who hit him with a..
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01 February 2006
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186 - 01 February 2006
Chemical exposure led to asthma
A company has paid damages amounting to £75,000 to a worker who developed asthma after working with chemicals in a factory. The man has been left disabled after prolonged exposure to a number of chemicals that are known to cause asthma. The..
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01 February 2006
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186 - 01 February 2006
Part-time lecturer wins compensation for unequal pay
A university has paid £25,000 in compensation to a part-time lecturer who earned less than her full-time colleagues, despite in fact working longer hours. She was also awarded a full time contract. Her case was backed by the lecturers’..
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01 February 2006
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186 - 01 February 2006
Mesothelioma award upheld
A man has had his £86,750 compensation award upheld by the Court of Appeal. He was diagnosed with mesothelioma in 2004, and the award was made against his employer from over 35 years ago. He worked at the gas plant only for a few weeks, and the..
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01 February 2006
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186 - 01 February 2006
£61,000 unfair dismissal award upheld
A man who was awarded £61,000 in compensation by an employment tribunal for unfair dismissal has had his award upheld at appeal. The former railway worker was dismissed following a stomach illness. He had worked for the railway company for 30..
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01 February 2006
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186 - 01 February 2006
£1.45mn for amputation accident
Trade union Amicus has settled a substantial claim of £1.45mn for an Amicus member who is facing the amputation of his left arm due to an industrial accident at work. This follows the amputation of his right arm back in 1985 following an..
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01 February 2006
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186 - 01 February 2006
£1mn for boy hit by car
A boy in Belfast who was hit by a car and suffered injuries has been awarded in excess of £1mn. The settlement was made by the insurers of the car driver without admission of liability. The boy was left in a coma for three months after the..
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01 February 2006
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186 - 01 February 2006
Police force sued over Thailand car crash
A police force is to be sued by the partner of a policeman killed in a car crash in Thailand. The officer was killed whilst working in Thailand helping to identify victims of the tsunami. He was killed when the minibus in which he was a passenger..
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01 February 2006
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186 - 01 February 2006
Man wins sexual discrimination claim
A man has won a claim for sexual discrimination at an employment tribunal after he was victimised at his place of work. The man, a fire service controller, faced a series of unfounded allegations from female colleague. Although the allegations of..
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01 February 2006
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186 - 01 February 2006
Vicarious liability upheld by Court of Appeal
The Court of Appeal has upheld a High Court ruling last year that a leisure company is vicariously liable for the actions of a bouncer working at their venue, even though he wasn’t directly employed by them. Both defendants have today agreed..
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01 February 2006
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186 - 01 February 2006
Muslim police officer drops discrimination claim
A claim of racial discrimination against the Metropolitan Police has been dropped by a Muslim police officer. The man had claimed he racially abused and discriminated against whilst at a police training school. His case was being heard by an..
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01 February 2006
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186 - 01 February 2006
Mandatory negligence indemnity for doctors proposed
The Department of Health (DoH) has launched a consultation paper entitled “Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006.” According to the DoH, doctors already have a professional obligation, set out in..
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01 February 2006
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186 - 01 February 2006