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Deadline looms for epilepsy drug group action
Victims of the epilepsy drug Epilim have been given until October 1 to register their compensation claim in the High Court. The group action by national law firm Irwin Mitchell (the Foetal Anti Convulsant Litigation) is being brought against the..
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01 August 2006
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192 - 01 August 2006
Football fever: insurers’ headache?
By Simon Cooper and David Abbott, Reinsurance and International Risk team, Barlow Lyde & Gilbert
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01 August 2006
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192 - 01 August 2006
Monthly Quota
“With ongoing criminal investigations into the fraud-ridden asbestos lawsuit industry and with a growing number of court rulings suggesting the tobacco litigation gravy train may be running out of steam, entrepreneurial lawyers have been..
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01 August 2006
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192 - 01 August 2006
Responses to the corporate manslaughter legislation
The reaction to the bill has been divided. Employers’ and directors’ organisations have welcomed the move, while plaintiff lawyers and trade unions have expressed their disappointment at the lack of individual liability for directors...
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01 August 2006
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192 - 01 August 2006
Corporate Manslaughter and Corporate Homicide Bill arrives
The Government has finally published the Corporate Manslaughter and Corporate Homicide Bill, described as “tough new legislation to prosecute companies whose gross negligence leads to the death of employees or members of the..
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01 August 2006
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192 - 01 August 2006
Consultation on reform of legal aid system.
Lord Falconer, Lord Chancellor and Secretary of State for Constitutional Affairs, has begun a consultation programme on radical reform of the legal aid system. The consultation on implementing sweeping changes to the way Government buys legal advice..
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01 August 2006
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192 - 01 August 2006
Responses to arrival of Compensation Act
Richard Langton, president, Association of Personal Injury Lawyers (APIL), said: “We applaud the Government for introducing long overdue regulation of claims management companies but we must ensure the new rules provide robust protection for..
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01 August 2006
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192 - 01 August 2006
Compensation Bill receives Royal Assent.
According to the Government, the public is to be better safeguarded and claims management companies more strictly regulated as a result of the Compensation Act 2006. The Government also that it will also ensure “that the recovery of..
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01 August 2006
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192 - 01 August 2006
RPC warns of increased liabilities from Pension Reform
Insurers must take immediate notice of the increased liabilities they face as a result of the May 2006 Government White Paper on Pension Reform, which proposes a three year increase in the state pension age before 2050.
This is according to law firm..
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01 August 2006
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192 - 01 August 2006
Beachcroft launches motor prosecutions unit
Beachcroft has formally launched a dedicated motor prosecutions unit to advise and represent motor insurers and their policyholders on the handling of very serious or fatal road traffic accidents that lead to criminal prosecution and trial.
The..
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01 August 2006
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192 - 01 August 2006
Standing committee hears of value of specialist lawyers
The Standing Committee debating the NHS Redress Bill has considered the issue of specialist lawyers. Conservative MP John Baron told the committee recently: “We have heard much during our debates about the value of so-called specialist..
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01 August 2006
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192 - 01 August 2006
NHSLA annual report and accounts
The NHS Litigation Authority (NHSLA) has produced its Annual Report and Accounts for 2005/06. According to the NHSLA, despite wide-spread concerns about a “compensation culture” in the UK, claims numbers remain very steady, with a 1.6%..
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01 August 2006
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192 - 01 August 2006
Confusion over taxi drivers’ liability
Confusion surrounding the level of public liability cover required for taxi drivers on school-runs could be placing both drivers and their young passengers at risk. This is according to broker Swinton, which has a specialist taxi division, which has..
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01 August 2006
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192 - 01 August 2006
Buyer’s market set to continue for D&O
There are small but significant gains to be made for insureds in the current London D&O market, according to the majority of underwriters surveyed in the Willis Index tracking this sector.
The Index for the second quarter of 2006 found that..
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01 August 2006
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192 - 01 August 2006
ACE clarifies confusion over D&O and extradition
Given the recent publicity surrounding extradition of directors from UK companies to the US and the resultant confusion about the scope of D&O cover, ACE European Group has said it is taking a lead in the D&O market by providing greater..
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01 August 2006
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192 - 01 August 2006
Marsh on D&O coverage confusion
The recent debate surrounding extradition has highlighted the confusion that exists regarding what is currently covered under directors’ and officers’ (D&O) liability insurance and has forced some insurers to change the way they..
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01 August 2006
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192 - 01 August 2006
Conveyancing top source of negligence claims among smaller law firms
Residential conveyancing continues to give rise to the highest number of negligence claims amongst small to medium sized law firms, according to Aon Limited. The firm reviewed the claims history of legal firms with up to 10partners over a four-year..
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01 August 2006
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192 - 01 August 2006
Solicitors PI market renewals preview
In preparation for this year’s October 1 solicitors Professional Indemnity (PI) market renewals, Nicholas Gilbert, a director in Aon’s Professional Risks unit, has said that all the early signs indicate that insurers remain committed to..
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01 August 2006
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192 - 01 August 2006
Prescribed diseases review from IIAC
The Industrial Injuries Advisory Council (IIAC) has published a report on Work-related Upper Limb Disorders (WRULD). The report investigated prescription of cramp of the hand or forearm, prescribed disease (PD A4); beat hand (PD A5); beat elbow (PD..
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01 August 2006
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192 - 01 August 2006
Warning over risk of sunburn and cancer
Aon Construction Direct has warned that the risk of sunburn causing cancer could become the biggest new threat to the building industry by generating huge employers’ liability claims in the future.
Contractors across the sector could be facing..
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01 August 2006
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192 - 01 August 2006
Slips and trips management pack from Norwich Union
Norwich Union has launched a risk management pack to help businesses control the cost of slips and trips at work, which it says currently amounts to £512mn a year for UK employers.
The Slips and Trips Management Pack contains a comprehensive..
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01 August 2006
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192 - 01 August 2006
HSE launches Noise and Hand-arm Vibration Programme
The Health and Safety Executive (HSE) launched a new programme aimed at protecting the more than 2mn workers in Great Britain who are exposed to either excessive noise or hand arm vibration from suffering permanent damage to their health as a result..
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01 August 2006
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192 - 01 August 2006
Aviation market continues to deliver steady reductions
Capacity and loss levels are keeping conditions favourable for buyers, and the aviation insurance market continues to deliver steady reductions, according to Aon Aviation in the latest issue of Airline Insurance Market News (July 2006).
According to..
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01 August 2006
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192 - 01 August 2006
One stop liability shop for hauliers
Aon Marine, in partnership with Royal & SunAlliance, has created a one stop shop product which enables UK hauliers to insure their employer, public and customers’ freight liability under one policy. Traditionally, hauliers have taken out..
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01 August 2006
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192 - 01 August 2006
No EU inquiry into P&I Clubs Agreement
The European Union has decided not to hold a new inquiry into whether the International Group of P&I Clubs Agreement is in breach of EU competition rules, according to Lloyd’s List.
In the late 1990s the EU questioned the basis of the..
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01 August 2006
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192 - 01 August 2006
ATLA to become American Association for Justice
The Association of Trial Lawyers of America (ATLA) is reported be changing its name to the American Association for Justice. It is thought the reason for this is that the phrase “trial lawyers” has, in the words of the American Tort..
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01 August 2006
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192 - 01 August 2006
Speeding up mesothelioma claims
The Government has revealed details of how the system for compensating sufferers of mesothelioma would be improved and speeded up.
The Secretary of State for Work and Pensions John Hutton said interim measures to speed up current claims would be put..
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01 August 2006
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192 - 01 August 2006
Cardiff research could lead to fairer pay-outs for accident victims
The Court of Appeal has upheld a previous ruling by the High Court that evidence by Dr Victoria Wass of Cardiff Business School was relevant to the assessment of damages for future losses and expenses and that courts should be allowed to hear such..
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01 August 2006
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192 - 01 August 2006
Recall costs Cadbury Schweppes around £20mn
Cadbury Schweppes has revealed that the salmonella contamination at one of its plants is expected to cost it around £20mn.
The company said in its half year results: “Incremental direct costs of £13mn relating to the UK product..
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01 August 2006
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192 - 01 August 2006
Five-year deal on GP’s insurance fees
A landmark five-year deal has been agreed between the ABI (Association of British Insurers) and BMA (British Medical Association) over the quality of medical reports prepared by GPs for their patients and the fees paid by insurers for those..
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01 August 2006
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192 - 01 August 2006
Research paper due on recovery of ATE insurance premiums
The Legal Expenses Insurance Group (LEIG) has launched an attack on insurers over changes to the compensation arrangements in the UK that it says the insurance sector is pushing for.
According to the LEIG, “the changes they are pressing for..
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01 August 2006
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192 - 01 August 2006
Outcomes for legally represented and unrepresented claimants
Independent research published by the ABI (Association of British Insurers) has shown that legal representation does not usually lead to higher or faster compensation. Analysis of over 90,000 personal injury claims between £1,000 and..
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01 August 2006
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192 - 01 August 2006
Withdrawn pre-action admission of liability
Where, in a personal injury case, a pre-action admission of liability was withdrawn by the defendant and proceedings were issued, an application could be made under CPR r 3.4(2) for the defence or part of it to be struck out as either an abuse of..
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01 August 2006
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192 - 01 August 2006
Vicarious liability and the tort of harassment
The Protection from Harassment Act 1997 did not, expressly or impliedly, exclude an employer from vicarious liability for the tort of harassment committed by his employees while acting in the course of their employment. Therefore a claimant had a..
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01 August 2006
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192 - 01 August 2006
Disability discrimination case
An employment tribunal has ruled that an employer directly discriminated against a blind employee when they dismissed her without investigating whether any reasonable adjustments could be made.
The woman was employed as a receptionist/nursing..
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01 August 2006
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192 - 01 August 2006
Allegation of intended assault
For internal reasons an employee did not achieve the promotion he hoped for and this led to difficulties in his relationship with his employer. This led to him pursuing a claim before the employment tribunal for unfair or wrongful dismissal and..
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01 August 2006
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192 - 01 August 2006
Setting aside notice of withdrawal of claim
Employment tribunals did not have jurisdiction to set aside a notice of withdrawal of a claim which had been given under r 25(2) of Sch 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004.
The Court of Appeal so..
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01 August 2006
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192 - 01 August 2006
Sickness not equated with disability
A person dismissed purely on account of sickness was not discriminated against on grounds of “disability” in the meaning of, and therefore did not come within the scope of, Council Directive 2000/78/EC on equal treatment in employment..
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01 August 2006
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192 - 01 August 2006
Contribution to accident
A child walked into a road and was struck by a lorry, suffering a blow to the head which resulted in severe brain damage. Various witnesses provided evidence that she had walked out from between two cars, the nearest car having had some furniture..
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01 August 2006
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192 - 01 August 2006
Woman sues mother-in-law for bullying
A woman who sued her mother-in-law over allegations of bullying has been awarded £35,000 in damages. She brought the case under the Protection from Harassment Act 1997. She went to live with her mother-in-law after getting married. The marriage..
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01 August 2006
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192 - 01 August 2006
Stressed out nurse awarded £140,000 payout
A health visitor has been awarded £140,000 compensation after being exposed to a ‘health-endangering’ workload. The woman said she suffered two breakdowns when her Primary Care Trust failed to bring in temporary staff to cover for..
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01 August 2006
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192 - 01 August 2006
Settlement over rail worker death
The family of a railway maintenance worker has received £160,000 compensation in a settlement over his death. He was killed on a rail track whilst checking rails for defects. His lawyers were reported as saying that if the case gone to trial,..
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01 August 2006
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192 - 01 August 2006
£4000 whiplash compensation
A man has won £4,000 in compensation following a road traffic accident on the M40. He was stationary at the roundabout exiting eastbound from the M40 when another driver drove into the rear of his vehicle. He suffered a whiplash injury and was..
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01 August 2006
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192 - 01 August 2006
£800,000 damages in bank bullying case
A bank has paid out an estimated £800,000 damages after losing a case over allegations of bullying. The employee had sued for harassment by colleagues and lack of support from her employer. She alleged that she suffered psychiatric injury as a..
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01 August 2006
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192 - 01 August 2006
Surgeon wins case over knee injury
A surgeon has been awarded £38,928 after he slipped on custard and damaged the anterior cruciate ligament in his left knee. The accident allegedly delayed his promotion to a consultant post by four years. The award was based on one year’s..
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01 August 2006
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192 - 01 August 2006
Teacher wins compensation for sex discrimination
An Employment Tribunal has decided that an English teacher was the victim of sex discrimination in relation to her application for the post of Principal Teacher (Pastoral) and an agreement has been reached to pay her compensation of over..
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01 August 2006
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192 - 01 August 2006
£1.95mn compensation for sight damage
An NHS Trust has paid £1.95mn compensation to a boy whose sight was damaged because doctors failed to spot a tumour. The boy was three years old when he suffered from headaches, hallucinations, and poor vision.
Doctors eventually removed the..
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01 August 2006
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192 - 01 August 2006
Award for arm injury after trip
A woman who tripped over at work and suffered injuries to her arm has been awarded £56,000 in damages. The woman, a bank clerk, tripped over some nylon webbing used to hold bank notes together. She injured her elbow and her arm, which resulted..
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01 August 2006
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192 - 01 August 2006
Needle-stick injury train worker wins case
A train worker who was dismissed after suffering bouts of stress-related illness as the result of a ‘needle-stick’ injury sustained at work has won her claim of unfair dismissal on the grounds of disability.
The Employment Tribunal ruled..
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01 August 2006
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192 - 01 August 2006
£5,500 for noise induced hearing loss
Trade union Amicus has won £5,500 in compensation for a member who suffered from noise induced hearing loss (NIHL) after working at a foundry for 35 years. The man brought his claim after realising that his hearing had become severely impaired,..
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01 August 2006
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192 - 01 August 2006
Compensation for roof fall death
A building firm has paid £103,975 in compensation to the family of a man who fell 50 feet to his death from a new school roof. The court heard that safety nets had been removed without the man’s knowledge. His widow was awarded..
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01 August 2006
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192 - 01 August 2006
Woman sacked for being pregnant wins case
A woman who was sacked one week after announcing she was pregnant has won £18,000 in compensation, including £8,000 for injury to her feelings. The company had argued that she had been dismissed because of her poor sales..
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01 August 2006
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192 - 01 August 2006
Award for inadequate personal protective equipment
A police officer, injured when using an enforcer, has been awarded £11,000 compensation by the High Court because his Police Authority failed to provide adequate personal protective equipment (PPE) and to ensure that what was provided was..
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01 August 2006
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192 - 01 August 2006
Chef wins unfair dismissal case
A chef has been awarded £5,838 for unfair dismissal. The man was sacked from a Jersey hotel for no apparent reason, although the hotel manager claimed the chef had resigned. However, an employment tribunal found that there was no evidence to..
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01 August 2006
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192 - 01 August 2006
Policeman’s award for dismissal threat
A police officer has won £15,000 in compensation after he was threatened with dismissal for raising health and safety concerns about officers going on patrol alone. He alleged that his line manager had not supported his application to become a..
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01 August 2006
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192 - 01 August 2006
£3.625mn damages for botched brain operation
A woman who was left severely brain damaged and wheelchair-bound after a neuro-surgeon attempted to remove a brain cyst with a pair of medical tweezers, is expected to receive £3.625mn damages.
The 49-year-old former care home worker was..
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01 August 2006
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192 - 01 August 2006
Landmark verdict for English holidaymakers
Leigh Day & Co has highlighted a case which it says is a landmark verdict for English holidaymakers and for those who are injured whilst working abroad.
The claimant was an English resident who suffered catastrophic injuries when the car in..
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01 August 2006
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192 - 01 August 2006
Children’s home sued over abuse claims
Two organisations which were responsible for running a Catholic children’s home are being sued over allegations of physical and sexual abuse. Around 140 former pupils claim they were abused while in care. The former principal of the home was..
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01 August 2006
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192 - 01 August 2006
Former policeman loses case over gay discrimination
A former policeman who said he was discriminated against for his sexuality has lost his case. He alleged that he was victimised by his colleagues after they learnt that he was gay. His allegations included failure to investigate hate crimes against..
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01 August 2006
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192 - 01 August 2006
Potential victims of salmonella poisoning looking to sue
Irwin Mitchell has said that a number of potential victims of contaminated Cadbury’s chocolate, which the Health Protection Agency (HPA) has confirmed was the most likely cause of an outbreak of salmonella poisoning, have come forward to seek..
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01 August 2006
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192 - 01 August 2006
Backdating stock options: the impact on D&O
The issue of backdating stock options, which has led to various investigations in the US, will impact on the directors’ and officers’ market, according to observers.
Lovells has warned that dozens of companies are anticipating civil and..
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01 August 2006
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192 - 01 August 2006