i-law

Liability Risk and Insurance

Suncream that cures sunburn
Great news for construction workers and other outdoors workers, especially those men who like to strip off to the waist when the sun is out. Despite the dire warnings from Aon over the risk of sunburn causing cancer (it could apparently be the new..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Nanotechnology
By Dr Mark Hillier, Lovells’ Science Unit
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Monthly Quota
..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Thompsons calls for liability insurers to be regulated
Law firm Thompsons has called for liability insurers to be regulated as part of the Compensation Bill and the Regulation of Claims Management Services. In its response to the consultation, Thompsons said it welcomes the DCA’s agreement to..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Court of Appeal allows full recovery of ATE premiums
The Court of Appeal has allowed the appeal in the test case of Rogers v Merthyr Tydfil CBC over the issue of full recovery of stepped premiums. The court ordered that the full ATE premium should be recovered. Tony Baker, Director of the Legal..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Responses to payments into court consultation paper
The Department for Constitutional Affairs’ consultation paper ‘Part 36 of the Civil Procedure Rules: Offers to settle and payments into court’ has received a large number of responses. The paper invited comments on issues arising..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
S&P report: Equitas 10 years on
A report from ratings agency Standard & Poor’s has said that Equitas still faces risks of undercapitalisation in certain situations. The report said “Standard & Poor’s current view that Equitas is insufficiently capitalised..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Big growth predicted in online motor insurance sales
The proportion of private motor insurance sold online is predicted to reach 29% by 2009, up from an estimated 12% in 2005, according to a new report from Datamonitor. The report said that the predicted growth will be driven largely by the direct..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Marsh urges hospitals to focus on risk management
According to research by Marsh, hospitals are losing the chance to save material amounts of money through a failure to examine sufficiently their risk management techniques. Marsh has urged healthcare organisations “to meet the challenges of..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Hospitals urged to improve dispensing of medicines
The Healthcare Commission has urged NHS hospitals to step up efforts to improve the prescribing and dispensing of medicines. The Commission made the plea when publishing comparative assessments on medicines management for all 173 acute hospital..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
ACE launches global D&O protection coverage
The ACE Group of Companies has launched the ACE Advantage Global Protection program, which it describes as the first global directors’ & officers’ coverage which provides a matrix of admitted and non-admitted policies around the..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
MDU paid out £41mn in 2005
The Medical Defence Union (MDU) has revealed that during 2005 it paid out £41mn on behalf of its members in discretionary indemnity claims and legal costs, compared to £51mn in 2004. The MDU said that this reduction, which is in line with..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Marsh predicts radical changes to major law firms
The Legal Services Bill currently passing through the legislative process in the UK is likely to precipitate radical changes in the structure and ownership of many major law firms by allowing third parties to take up equity positions, according to..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Solicitors’ PI survey by PYV Limited
Around 41% of legal practices who have bought their professional indemnity insurance this year have paid up to 20% less than last year, according to new research by broker PYV Limited. In a survey of solicitors firms across the UK, PYV found that,..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
HSE report into the cost of occupational asthma
The Health and Safety Executive has published a report into the cost of occupational asthma in Great Britain. The HSE commissioned Metroeconomica Limited, the Institute of Occupational Medicine (IOM), and the University of Aberdeen to develop..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
One in 10 employees injured at work
One in 10 people has sustained an injury in the work place in the past five years, according to new research from AXA Insurance. AXA’s study revealed that whilst employee injuries are most likely to be caused by work-related accidents (81%),..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
HSC’s key principles of sensible risk management
The Health and Safety Commission (HSC) has urged people to focus on real risks – those that cause real harm and suffering – and stop concentrating effort on trivial risks and petty health and safety. The HSC has launched a set of key..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
TUC highlights risks of young people at work
A report in the TUC magazine Hazards has revealed that over 4000 young people (16-24 years) are seriously injured at work every year, 12 are killed (2004/5, 16 in 2003/4) and 15,000 are injured badly enough to be forced off work for more than three..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Work-related illness statistics from HSE
A report published by the Health and Safety Executive (HSE) entitled “Self-reported work-related illness in 2004/05: Results from the Labour Force Survey” has revealed that musculoskeletal Disorders (MSDs) are the biggest cause of..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
QBE launches new aviation syndicate
QBE has announced that its new aviation syndicate, Emilio Di Silvio Syndicate 5555, has opened for business one month ahead of the previously announced schedule. Operating as a sub-syndicate of 2999 within QBE Lloyd’s managing agency Limit,..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
2007 P&I renewals will see up to 10% increases
A wave of social and regulatory legislation for the marine industry means that shipowners can expect to pay up to a 10% increase on their P&I (protection & indemnity) premiums at the 2007 renewals, according to Aon PLF’s P&I..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Government response to crop spraying report
The Government has published its response to the Royal Commission on Environmental Pollution’s report Crop spraying and the health of residents and bystanders. Of the 35 recommendations in the report, the Government has accepted, will..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Major lung problems identified for WTC rescue workers
Exposure to dust after the collapse of the World Trade Center produced a substantial reduction in pulmonary function in New York City Fire Department rescue workers during the first year after 09/11/2001. This is according to research carried out at..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Major study into health of Ground Zero workers
Almost 70% of workers and volunteers who worked at Ground Zero and other sites following the attack on the World Trade Center on September 11 had a new or worsened respiratory symptom that developed during or after their time working at the..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Screening method developed for nanoparticles
Scientists at the US Department of Energy’s Brookhaven National Laboratory have developed a screening method to examine how newly made nanoparticles - particles with dimensions on the order of billionths of a meter - interact with human cells..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
New report: Nanotechnology: The Plastics of the 21st Century?
Guy Carpenter has announced the publication of “Nanotechnology: The Plastics of the 21st Century?” a comprehensive overview of the emerging science of nanotechnology, its potential benefits for the global economy, associated risks and..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Merck overturns $51mn Vioxx award
A US district judge in New Orleans has overturned a jury’s $51mn award against Merck & Co in a lawsuit filed by a man who used Vioxx for nearly three years. The court ordered a retrial on compensatory and punitive..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
RNID warns over hearing damage from MP3 players
New research conducted for RNID’s Don’t Lose the Music campaign has revealed that 58% of 16-30 year olds are completely unaware of any risk to their hearing from using MP3 players and other audio products that attach directly to the..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
All travellers face higher risk of DVT, not just air travellers
Research by scientists from the Leiden University Medical Centre has revealed that deep vein thrombosis (DVT) is not only caused by air travel, but can be a risk factor for passengers who travel by plane, car, bus or train. The risk was greatest in..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
More complications during afternoon surgery
More complications occur when surgery is performed in the afternoon, according to researchers at Duke University in the US. They reviewed over 90,000 operations and found that medical mistakes were most common when surgery started between 3pm and..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
R&SA research shows young people suffer from age discrimination
Young people suffer from age discrimination at work more than older age groups, according to new research by Royal & SunAlliance (R&SA). A seventh (14%) of young people, under 25 years old, felt discriminated against in the workplace due to..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Age discrimination research from Department for Work and Pensions
Employers should do more to tackle age discrimination, according to new research published by the Department for Work and Pensions (DWP). The Age Partnership Group (APG) sector specific research reports look at the challenges faced by nine sectors..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Lift is “at work” under PWER
An employee using a defective lift in a common part of a shared office building was using it at work within the meaning of the Provision and Use of Work Equipment Regulations. The employee sustained an injury to her hand when the lift door closed on..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Claim under Protection from Harassment Act
A former employee was entitled to damages for harassment and bullying at her workplace under Protection from Harassment Act 1997. The court ruled that the company failed to prevent the bullying, or to protect her, and therefore breached the..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Periodical payments and the Average Earnings Index
The defendant applied to strike out a part of the claimant’s statement of case that argued that periodical payments should be subject to the Average Earnings Index (AEI) and not the Retail Prices Index (RPI). The application was dismissed. The..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Loss of earnings claim after abandonment of employment
The claimant sustained serious injuries in an accident whilst he was working for the defendant. Following several surgical operations, the claimant began a career in retail banking. However, further surgery was only partially successful and he..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
No breach of statutory duty for defective street furniture
A boy was walking with his mother and decided to leap-frog a bollard which was one of a number installed by the defendant highway authority to protect pedestrians from traffic and to control parking on the pavement. The bollard was not secure within..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Experts with potential conflict of interest
It was important that a party who wished to call an expert with a potential conflict of interest should disclose details of that conflict at as early a stage in the proceedings as possible so that the court could decide for itself whether it should..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Mesothelioma award for former scaffolder
The family of a scaffolder who died from mesothelioma have been awarded over £200,000. He worked at a power station and at oil refineries, working next to laggers who were removing and replacing asbestos lagging on pipes and plant. He was not..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Carer injured by patient wins damages
A woman who was injured by a patient in the course of her work as a care staff member at a community unit for an NHS Trust has received £200,000 in damages. She suffered a serious injury to her thumb when attempting to restrain the patient from..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
£25,000 for leg broken by dogs
..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Compensation of £60,000 for lost toe
An agency worker who lost his toe in an accident at work has received £60,000 in compensation. The man was working the night shift carrying out maintenance work which involved him climbing over a conveyor belt. As he did so, his left foot..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
£30,000 for staircase fall
A council has been ordered to pay £30,000 to a social worker who sued after tripping at work. The woman tripped over a carpet on a staircase and broke her arm. She alleged that the stairs were too narrow, and the carpet was not fitted properly...
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
£5,000 for work related hearing loss
A man who suffered work related hearing loss has won over £5,000 in compensation. The man suffered occupational deafness over a period of several years, working as a butcher for a number of companies, due to the noise from electric saws. An..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
£4,000 for crushed fingers
A man who suffered an injury to two fingers at work has won over £4,000 in compensation. He slipped whilst trying to remove some waste from machine, and his right hand slipped into a machine which crushed the index and middle fingers of his..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Sacked manager wins £32,500
The general manager of a department store in Jersey has received £32,500 in compensation after being redundant. The award was made after a claim for unfair dismissal. It was reported to be the highest award made by the Jersey Employment..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
£4.8mn for brain damaged child
A baby who suffered brain damage at birth has been awarded £4.8mn. The mother had a high risk pregnancy due to a medical condition. She went into labour and a midwife said she heard a normal fetal heart rate using a Sonicaid device, but just..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Award for trip and fall
A grandmother has been awarded £2,758 after injuring her leg as she fell down a flight of stone steps at her granddaughter’s wedding. She was awarded the sum in an out of court settlement against hotel. She lost her footing because the..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Damages over failure to diagnose bone cancer
An NHS hospital trust has paid £127,500 to the family of a teacher who died after doctors failed to diagnose his bone cancer. His cancer was eventually diagnosed after he fractured his thigh bone while trekking in Tibet. When he returned to..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Female prison officer wins settlement
A female prison officer who was forced to carry out searches on male inmates has been awarded more than £100,000. She sued the Home Office for sexual discrimination on the grounds that male officers did not search female prisoners. She..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Cyclist wins damages over pothole fall
A man has been awarded £6,000 damages by a council after a pothole in a road caused him to fall off his bike and partially sever his left ear. As he hit the ground, his bike frame snapped in half. His ear was partially severed and he suffered..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Council whistleblower wins compensation
A council has paid compensation to a whistleblower who was sacked after he reported irregularities in a tendering process. An internal report into the process found serious irregularities but its findings were allegedly covered up by senior..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Food poisoning claim against tour operator
A woman who was still suffering severe abdominal pains three years after suffering a by a serious gastric illness whilst on holiday in Mexico has received interim compensation of £4,000 from the tour operator The woman is one of 127 people who..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Group legal action brought over cruise liner’s tilt
Irwin Mitchell has announced that it is taking legal action against the travel company Princess Cruises on behalf of British passengers injured aboard the cruise ship Crown Princess. Princess Cruises have admitted that a sudden tilt by the ship,..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Settlement for wrong cancer diagnosis
A man who had his stomach removed after he was wrongly diagnosed with stomach cancer has accepted a six figure sum in an out of court settlement. The 68-year-old was admitted to hospital to have his stomach completely removed after an earlier biopsy..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Spinal injury case settled for seven figure sum
A case involving serious spinal injuries which has previously been to the Court of Appeal on a procedural matter has settled at the doors of court before a trial on the issue of contributory negligence. A woman suffered spinal injury after falling..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
Police settle over earring discrimination case
A police force has settled a case brought against it by a police officer who claimed that he was not allowed to wear an earring whilst on duty. He claims that he was singled out for his gold earring simply because he is homosexual. Under the..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006
2005/2006 sees lowest number of fatal injuries at work
The Health and Safety Commission (HSC) has published its annual fatal injury statistics which show the lowest fatal injury number on record. In 2005/2006, 212 people were fatally injured, a reduction from 223 in 2004/2005. The rate is also the..
Online Published Date:  01 September 2006
Appeared in issue:  193 - 01 September 2006

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