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Picking up good vibrations
Great news, not only for liability underwriters, but also for lorry drivers. It looks as though relief is to be found from that well-known and painful complaint “Vibration Bottom”. While RSI and Vibration White Finger have hit the..
Online Published Date:
01 April 2006
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188 - 01 April 2006
Global Liability Settlements - Lumberman’s Revisited
By Andrew Symons, CMS Cameron McKenna
Online Published Date:
01 April 2006
Appeared in issue:
188 - 01 April 2006
“Shrewdest” Personal Injury lawyer in the country joins DAC
Davies Arnold Cooper has appointed Warren Collins as equity partner, with effect from 20 March 2006. Collins joins the firm from Alexander Harris where he held the position of National Head of Personal Injury for the past three years.
Mr..
Online Published Date:
01 April 2006
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188 - 01 April 2006
Law firm’s rapid response vehicles
Legal firm Rapid Response claims to be one of the first solicitors in the UK to provide ‘rapid response’ vehicles driven by legal experts who can visit clients, make site visits to accident spots and transport sensitive documents.
The..
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01 April 2006
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188 - 01 April 2006
Golf course insurance claims study
Knowing how much the insurance sector loves its golf (note the proximity of golf courses to insurance conferences), the following study may be of interest.
St Paul Travelers has announced the completion of a study that examines the type of claims..
Online Published Date:
01 April 2006
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188 - 01 April 2006
Stable outlook for UK non-life insurance sector
Standard & Poor’s (S&P) is maintaining its stable outlook on the UK non-life insurance sector. The stable outlook indicates S&P’s expectation that the majority of its interactive insurer financial strength ratings on domestic..
Online Published Date:
01 April 2006
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188 - 01 April 2006
New specialty liability product from Markel
Markel (UK), the regional arm of Markel International, has announced the launch of a new specialty liability insurance product aimed at protecting the medical and surgical, pharmaceutical and drug, supplement and cosmetic and scientific and..
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01 April 2006
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188 - 01 April 2006
Norwich Union moves products to regions
Norwich Union has transferred the sales and much of the underwriting of its Directors and Officers and Employee Dishonesty covers into its regional offices. The two covers, together with Professional Indemnity, are now available as sections under..
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01 April 2006
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188 - 01 April 2006
Recruitment agencies may pay too much for EL
Hiscox has warned that recruitment agencies may be paying too much for employers’ liability insurance. According to Hiscox, the recent Court of Appeal test case ruling in Muscat v Cable & Wireless
upheld that an ‘implied’..
Online Published Date:
01 April 2006
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188 - 01 April 2006
Norwich Union re-launches hauliers’ liability policy
Norwich Union has re-launched its hauliers’ liability policy, which includes a free extension covering damage to trailer curtains. Norwich Union explains that instead of having to claim for damaged curtain sidings separately on their fleet..
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01 April 2006
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188 - 01 April 2006
Wirral Council launches Report Fraud hotline & Reward Scheme
Wirral Council has launched the Report Fraud hotline & Reward Scheme, one of the first of its kind in England, as part of its on-going crackdown on compensation fraudsters.
The hotline will allow Wirral Council to target fraudsters who make..
Online Published Date:
01 April 2006
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188 - 01 April 2006
Casino workers suffering at work says study
A new study of casino workers by the GMB Union in Scotland has found that three-quarters of croupiers suffer from recurrent back and neck ache, and one in five reports early signs of carpel tunnel syndrome.
The study also found that 79% of croupiers..
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01 April 2006
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188 - 01 April 2006
Industrial Injuries Advisory Council Annual Report
The Industrial Injuries Advisory Council has released its Annual Report 2005/2006. The report covers the review of the occupational coverage for chronic bronchitis and emphysema, commissioned from the Institute of Environmental Health at the..
Online Published Date:
01 April 2006
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188 - 01 April 2006
Voice loss not a prescribed disease
The Industrial Injuries Advisory Council (IIAC), the independent body which advises the Secretary of State for Employment and Welfare Reform on the Industrial Injuries Disablement Benefit (IIDB) scheme, has announced the publication of its Position..
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01 April 2006
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188 - 01 April 2006
Compensation to sick miners passes £3bn
The amount of compensation paid to sick miners, their widows and families has passed £3bn, according to Energy Minister, Malcolm Wicks. The government is currently paying out around £2mn every working day in compensation for respiratory..
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01 April 2006
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188 - 01 April 2006
Firms not acting on noise at work regulations
Businesses have been slow to respond to impending legal changes affecting noise at work, according to Norwich Union. Despite the 6 April 2006 dateline when the Control of Noise at Work Regulations 2005 come into effect, evidence suggests that only a..
Online Published Date:
01 April 2006
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188 - 01 April 2006
NHS staff suffering from workplace stress
Nearly half of the NHS staff in Wales suffer from workplace stress and even more have regularly worked unpaid overtime, according to an official survey commissioned by the Welsh government, UNISON and other NHS unions, and NHS employers.
Nearly 60%..
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01 April 2006
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188 - 01 April 2006
Decrease in major injuries reporting
A study has revealed that there has been a decrease in the level of reporting of major injuries to the Health and Safety Executive (HSE) over recent years. Specifically, the level of reporting was higher in 1999-2000 than in 2001/02 and 2002/03...
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01 April 2006
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188 - 01 April 2006
QBE forms aviation syndicate at Lloyd’s
QBE Insurance Group is to form an aviation syndicate within its Limit managing agency at Lloyd’s. The new syndicate is expected to begin underwriting on October 1. The aim is for a portfolio including general aviation, major airlines, products..
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01 April 2006
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188 - 01 April 2006
XL Capital reorganises aviation division
XL Capital has re-organised its aviation division. The group has appointed Peter Bilsby as chief underwriting officer of XL Insurance’s aerospace operations. Bilsby is based in London. XL Insurance has underwriting teams in both the UK and the..
Online Published Date:
01 April 2006
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188 - 01 April 2006
Babies vulnerable to agricultural pesticides
Newborn infants are as much as 65 to 164 times more vulnerable than adults to a pair of common agricultural pesticides, according a study published by researchers at the University of California. That means current US government safeguards may not..
Online Published Date:
01 April 2006
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188 - 01 April 2006
Welding Fume Litigation: The Next Asbestos?
Lessons learned in the insurance industry’s decades-long struggle with asbestos claims may be inspiring significant changes in the way they evaluate and defend their policyholders in mass tort litigation, according to an insurance claims..
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01 April 2006
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188 - 01 April 2006
ATLA on silicosis claims in the US
The Association of Trial Lawyers of America (ATLA) has applauded a congressional hearing to look into wrongly filed silicosis claims that were thrown out of court in Corpus Christi, Texas, but has warned that big corporations would use the case as..
Online Published Date:
01 April 2006
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188 - 01 April 2006
Lawyers respond to the US Tort Costs study
The response to the Tillinghast Tort Costs study by plaintiff and defence lawyers in the US was predictable. “This report once again demonstrates the price every American pays for an out-of-control civil justice system that increases the costs..
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01 April 2006
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188 - 01 April 2006
US tort costs reach a record $260bn
US tort costs reached a record $260bn in 2004, or approximately $886 per person, according to a new study “US Tort Costs and Cross-Border Perspectives: 2005 Update” from the Tillinghast business of Towers Perrin. This surpassed..
Online Published Date:
01 April 2006
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188 - 01 April 2006
Lower risks from asbestos containing textured coatings
New research on asbestos confirms that risks from asbestos containing textured coatings (TCs) are much lower than previously thought. The new research supports the proposal that work with textured coatings will no longer require a licence.
The..
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01 April 2006
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188 - 01 April 2006
London lawyer calls for Equitas II
London commercial insurers should move towards establishing an Equitas-style body to deal with the massive amounts of asbestos and other liabilities accumulating in the market, according to Peter Taylor, a partner at Lovells, quoted in Lloyd’s..
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01 April 2006
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188 - 01 April 2006
Teacher deaths from asbestos related cancers
A report in the TUC publication “Risks” says that the deaths of more teachers from asbestos related cancers is leading to increased concern about exposures in schools. According to the TUC, a Carlisle primary school is at the centre of..
Online Published Date:
01 April 2006
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188 - 01 April 2006
FSA in soft drinks recall over benzene levels
The Food Standards Agency has published the results of a survey to investigate levels of benzene in 150 soft drinks on sale in the UK. Benzene was not detectable in the majority of products sampled.
Four products contained benzene levels above the..
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01 April 2006
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188 - 01 April 2006
European food retailers highlight hazards
A pan-European gathering of major food retailers in Paris hosted by Aon in association with IGD, an international food and grocery company, has highlighted a number of potential hazards for the sector. These include:
Increasing liability associated..
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01 April 2006
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188 - 01 April 2006
Review into contaminated blood and Hep C and HIV
A review into how patients were infected with Hepatitis C and HIV through contaminated blood in the 1970s and early 1980s, has been published by the Department of Health.
The review focused on documents from 1973 to 1991 to produce a chronology of..
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01 April 2006
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188 - 01 April 2006
Spinal manipulators hit back at report
The General Osteopathic Council has criticised the report, pointing out that it is a review of research dating back to 2000 providing no new findings itself. “Further, the paper fails to draw on more recent studies. As such, the review is..
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01 April 2006
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188 - 01 April 2006
Study questions efficacy of spinal manipulation
A study published in the Journal of the Royal Society of Medicine has raised serious questions about the efficacy of spinal manipulation treatment. Spinal manipulation is commonly practiced by chiropractors and osteopaths, and is a popular form of..
Online Published Date:
01 April 2006
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188 - 01 April 2006
Government study into equal opportunity with respect to age
New research published by the Department for Work and Pensions in conjunction with the Department of Trade and Industry explores the extent to which current employment policies and practices accord with equal opportunity with respect to age.
The..
Online Published Date:
01 April 2006
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188 - 01 April 2006
Age discrimination regulations published
The final measures to outlaw age discrimination in the workplace have been published by Trade and Industry Secretary Alan Johnson. Age discrimination is the most frequently cited form of discrimination by employees. The regulations will provide..
Online Published Date:
01 April 2006
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188 - 01 April 2006
APIL criticises Home Office compensation plan
Government plans which could wipe out compensation for thousands of crime victims have met with heavy criticism from the Association of Personal Injury Lawyers. Responding to the Home Office consultation from December, ‘Rebuilding Lives -..
Online Published Date:
01 April 2006
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188 - 01 April 2006
TUC proposals for personal injury damages
The TUC has published its proposals for the future of damages for personal injury claims. The TUC report, “Personal Injury Claims: Proposals for Change,” says that the current system is working well, by and large, and that most of the..
Online Published Date:
01 April 2006
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188 - 01 April 2006
The damaging effects of excessive risk-aversion
“A painfully good example of an excessive risk-averse decision made with the best of intentions” was how Work and Pensions Minister Lord Hunt of Kings Heath described the decision by a head teacher who required children to wear goggles..
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01 April 2006
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188 - 01 April 2006
Guidance on trying factual issues in medical cases
In order to ensure that factual issue in medical cases were efficiently and economically tried, the Court of Appeal gave guidance on the proper procedure to adopt.
A party who sought to contradict a factually pleaded case on the basis of medical..
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01 April 2006
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188 - 01 April 2006
Limitation period should be disapplied
A fresh claim in an action for damages for personal injury issued after the first claim that had been brought outside the time limit and had been struck out, gave the court a discretion under section 33 of the Limitation Act 1980 to decide whether..
Online Published Date:
01 April 2006
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188 - 01 April 2006
No causal link in drunken slip
A drunken hotel guest failed to establish that he would not have fallen into a swimming pool but for the absence of non-slip paint. The claim resulted from an accident when a man slipped from a wall and fell into a swimming pool at a holiday..
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01 April 2006
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188 - 01 April 2006
Prisoner’s claim for damages for psychiatric harm
A claim for damages by a prisoner for psychiatric harm, alleging that he himself was in a depressive and suicidal condition and suffered injury as a result of being incarcerated by prison authorities with a fellow prisoner known to be a suicide..
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01 April 2006
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188 - 01 April 2006
Tort of misfeasance in public office
The tort of misfeasance in public office was not actionable per se if the claimant had not suffered loss or damage caused by the tortuous conduct of a public officer. Nor would exemplary damages be awarded since the function of the tort was to..
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01 April 2006
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188 - 01 April 2006
Apportionment of blame in road accident
The Court of Appeal has upheld a trial Judge’s apportionment of blame between coach and lorry drivers in an A1 road accident. A lorry hit a coach, which pulled over onto the near side carriageway, and was then hit again by another lorry.
The..
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01 April 2006
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188 - 01 April 2006
Expired warning not grounds for dismissal
An employer was not entitled to take into account a warning that had expired as a decisive factor in reaching a decision to dismiss an employee on the grounds of misconduct.
The Court of Appeal so held in a case in which a man received a written..
Online Published Date:
01 April 2006
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188 - 01 April 2006
£4,675 for van driver hit by lorry
A man who sustained injuries after his van was hit by a lorry on the A1 has won over £4,675 in compensation. He was driving a works van for his employer when he got caught in a traffic jam on the A1. He was hit from behind by a lorry. He was..
Online Published Date:
01 April 2006
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188 - 01 April 2006
£3.25mn for brain damage at birth
A man has been awarded £3.25mn in compensation in an out-of-court settlement after he suffered brain damage at birth. The man, now aged 20, requires round-the-clock care. His mother claimed that despite scans showing he was underdeveloped, the..
Online Published Date:
01 April 2006
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188 - 01 April 2006
Police pay-out £50,000 over witness murder
A police force has paid compensation of £50,000 to the parents of a witness at a trial who was murdered just days before being due to give evidence against a former employee on theft charges. The parents sued the police, claiming they had done..
Online Published Date:
01 April 2006
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188 - 01 April 2006
£7mn for birth injuries
A man has been awarded £7mn in compensation after he suffered injuries at birth. The man, now 19, has learning disabilities which were caused by hospital staff failing to treat low blood sugar levels after his birth. The award comprised a..
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01 April 2006
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188 - 01 April 2006
£138,000 in compensation for stress
A man has won £138,000 in compensation after suffering stress and depression at work. The man, who worked for HM Customs & Excise, had taken time off work for stress, and was then given increased responsibilities when he returned to work...
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01 April 2006
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188 - 01 April 2006
£3.5mn for car accident victim
A woman has been awarded £3.5mn in compensation after she was hit by a car. She was knocked unconscious and left severely disabled after the incident. The woman, a college student, requires 24-hour care and is unable to speak. The amount..
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01 April 2006
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188 - 01 April 2006
£345,000 for police chase widow
A woman has received damages of £345,000 from the police. Her partner, a father of two, was killed when he was hit in a head-on collision by a car being chased by the police. The car was a getaway car and all three people in the car were..
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01 April 2006
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188 - 01 April 2006
Award for bouncy castle injury
A 51-year-old man who worked at a youth centre has been awarded £33,750 in compensation for a back injury caused by putting away a deflated bouncy castle. Working alone, he lifted one end of the rolled up bouncy castle onto a trolley and when..
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01 April 2006
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188 - 01 April 2006
Lawrence victim wins £100,000 from police
The man who was subject to the same racist attack which resulted in the death of Stephen Lawrence has been awarded £100,000 damages by Scotland Yard. The man sued the police for negligence but his claim failed. He alleged he was treated as a..
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01 April 2006
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188 - 01 April 2006
MoD payment for helicopter vibration damage
The Ministry of Defence (MoD) has paid £6,800 in compensation to a couple whose house was damaged by vibrations from RAF helicopters. The 15th century manor house suffered damaged roof tiles and cracks as a result of Chinook helicopters..
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01 April 2006
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188 - 01 April 2006
Compensation for prison officers who saw attack
Six prison officers who witnessed the aftermath of a horrific killing of a prisoner by a cell mate have been awarded more than £1mn in compensation. The men had sued the Home Office for psychological trauma.
The prisoner had been strangled and..
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01 April 2006
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188 - 01 April 2006
£500,000 settlement over brain damage
A woman has been awarded £500,000 by the High Court after she was left brain damaged after giving birth. The woman is reported to have been in a “minimally conscious state” since the birth of her child in 1999. She suffered from..
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01 April 2006
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188 - 01 April 2006
Exposure to depleted uranium case fails
A man who claimed that he had been exposed to depleted uranium at work has lost his case. He claimed that as a result of the exposure, he had been forced to give up work through ill-health, including respiratory problems, and kidney and bowel..
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01 April 2006
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188 - 01 April 2006
Tube employee unfairly dismissed
An employment tribunal has ruled that a man who worked on the Tube was unfairly dismissed. He was sacked on medical grounds after injuring his back. He was off work for six weeks but used his own leave rather than taking sick days. He had worked for..
Online Published Date:
01 April 2006
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188 - 01 April 2006
Teacher claims £1mn over farting chair
The media has been full of reports that a deputy headteacher is suing a city council for £1mn because it refused to replace a chair which apparently made a “farting” noise every time she sat down. She claimed that this made her the..
Online Published Date:
01 April 2006
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188 - 01 April 2006
Man stabbed at work loses claim
A man who was stabbed six times whilst working has lost his claim for damages. The television repair man claimed that his employer should not have sent him alone to an allegedly dangerous area of Glasgow. The judge said that it may not have..
Online Published Date:
01 April 2006
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188 - 01 April 2006
Compensation for positive discrimination case
A white man has received undisclosed compensation after he was deselected by a police force in favour of the selection of ethnic minorities and women. The settlement was made prior to the case going to an employment tribunal. His application to..
Online Published Date:
01 April 2006
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188 - 01 April 2006
Claim over police disclosure fails
A mother has lost her claim for compensation against the police after she was sacked from her job as a school lunchtime supervisor. She claimed that it was the result of the police disclosing to the school that her son was on the child protection..
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01 April 2006
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188 - 01 April 2006
Teacher wins religious discrimination case
A teacher who claimed he was not allowed to apply for promotion has won his employment tribunal case against the council for religious discrimination. The teacher, an atheist, worked at a Catholic school. The headteacher told him he would need..
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01 April 2006
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188 - 01 April 2006
Supervisory negligence claim thrown out
A personal injury claim which was based on allegations of supervisory negligence against a judo club has been thrown out. The claimant suffered a broken clavicle, which failed to reunite, during his first judo lesson. He has not worked since the..
Online Published Date:
01 April 2006
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188 - 01 April 2006
Home Office proposals on criminal injury payments
The Home Office is considering moves to remove cases where someone is injured whilst at work from the Criminal Injuries Compensation Scheme. The proposals have been attacked by the Association of British Insurers (ABI) and the Federation of Small..
Online Published Date:
01 April 2006
Appeared in issue:
188 - 01 April 2006