i-law

Liability Risk and Insurance

The end of the world as we know it
It’s not everyday that someone sues someone else for threatening to literally destroy all life on Earth. But two men have reportedly launched a lawsuit against the European Centre for Nuclear Research, known as Cern. They are not,..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
State of the Market 2008 - A view of the UK insurance landscape
By Heath Lambert
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Monthly Quota
“Last week the man who wanted £300,000 because he slipped on a grape in the car park of his local branch of Marks and Spencer lost his case. The judge, in a blessedly short time, concluded that the man whose shoe hit the grape had been..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Insurers and lawyers agree on multi track code
Both sides of the personal injury divide have joined forces to launch a new pilot code of behaviour aimed at resolving higher value cases more effectively, according to the Association of Personal Injury Lawyers (APIL). Following discussions between..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Hiscox Risk Barometer warning for small businesses
Nearly two thirds of smaller businesses are leaving themselves hugely exposed to legal action from their own employees, despite the number of employment tribunals increasing by 15% last year, according to figures released Hiscox. The annual Hiscox..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Warning over cyber risks and director’s liability
Cyber risks could be the next big trigger for lawsuits against directors, Aon has warned. Directors could be held responsible for loss to companies and their shareholders if they failed their duty of care by not taking preventative measures against..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Research into violence faced by nurses in Europe
Statistics showing that UK nurses suffer some of the worse violence in Europe “should make people ashamed” said trade union UNISON. Research in the journal “Occupational Medicine” revealed that almost a third of UK nurses..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
New guidelines on latex allergy in hospitals
New guidelines from the Royal College of Physicians (RCP) and NHS Plus have urged the health service to use powder-free, low protein latex gloves as an alternative to powdered gloves as this significantly reduces latex allergy and latex-induced..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Healthcare Commission warns over unnecessary radiation
The Healthcare Commission has called on NHS and independent sector hospitals to ensure they are not exposing patients to the dangers of unnecessary radiation through x-rays, CT scans and other procedures. In the first report of its type, the..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
School trips are essential says HSC chair
The Chair of the Health and Safety Commission (HSC) has urged teachers to take a sensible approach to risk assessment to ensure that school trips remain an essential part of every child’s education as well as acknowledging very real concerns..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
JLT launches D&O Health Check Service
JLT has launched a D&O Health Check Service to help companies obtain optimal coverage under their Directors’ & Officers’ Liability insurance. According to Michael Lea, head of D&O at JLT, outside of the financial institutions..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Liability risk management for US law firms
Beazley Group has announced a new approach to liability risk management for major US law firms. Looking beyond insurable losses, Beazley said it has partnered with a range of specialist advisors to help law firms address the total economic cost..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Call for greater RSI protection
The Chartered Society of Physiotherapy (CSP) has urged government and employers to take greater steps to protect workers in all industries from repetitive strain injury (RSI) as the latest figures show a sharp increase in the number of people with..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
HSE figures on lead poisoning surveillance
The HSE has revealed the latest figures on workers under medical surveillance for lead poisoning. The total number of workers under medical surveillance in 2006/07 rose to 8,697 from the 8,618 of 2005/06. Three industry sectors account for the..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Norwich Union highlights the dangers of slips, trips and falls
Norwich Union is warning that 38% of all major accidents involve slips, trips and falls, amounting to nearly 11,000 serious injuries in the workplace every year. Phil Grace, liability risk manager for Norwich Union, said that by taking a few simple..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
BMA welcomes Black Review
The BMA has responded to the review carried out by Dame Carol Black by saying “The BMA has long called for the sick note system to be reviewed. GPs are often placed in a difficult position when issuing sick notes to patients in the early..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Review calls for new approach to health and work
The National Director for Health and Work, Dame Carol Black, has published the first ever review into the health of the working age population. The review, “Working for a Healthier Tomorrow,” calls for urgent and comprehensive reform and..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Union calls for more research into link
Prospect, the largest union for the UK’s nuclear industry, said the report in the International Journal of Epidemiology raised more questions than it answered, and called for further research. Prospect National Secretary Mike Graham said:..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Nuclear workers and link between radiation and heart disease
A new report into potential links between radiation and circulatory disease among nuclear workers has been published. The report, “The non-cancer mortality experience of male workers at British Nuclear Fuels plc, 1946-2005”, published..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Aerospace soft market continued in 2007
The aerospace insurance market softened in 2007, responding to the high level of capacity and low level of losses in the aviation industry over the last five years, according to Aon’s Aerospace Insurance Market Review of 2007. The average 6%..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Aon report on P&I insurance renewal
The least flexible P&I (protection & indemnity) insurance renewal in memory saw shipowners’ rates increase by 15.55% and led to Clubs obtaining a record 96% of the originally advertised requirement of US$389mn, according to the Aon..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
US Tort Liability Index: 2008 Report
A new report by the Pacific Research Institute, “US Tort Liability Index: 2008 Report” has compared the legal climates of all 50 states in the US. According to the report, Florida ranked the worst in terms of tort costs and litigation..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
ATRA white paper on state tort reform
A new white paper issued by the American Tort Reform Foundation (ATRA) has detailed “the coordinated efforts of personal injury lawyers to increase litigation and repeal or chip away at existing tort reform statutes enacted previously by state..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Plaintiff lawyers welcome consultation on pleural plaques
Lawyers representing victims of asbestos related injury have welcomed the pledge by Gordon Brown to produce a consultation paper on the plight of pleural plaques victims. In October last year, the House of Lords, announced that it would not overturn..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
No prosecution for GlaxoSmithKline over Seroxat
The Medicines and Healthcare products Regulatory Agency (MHRA) has concluded its four year investigation into GlaxoSmithKline and its antidepressant drug Seroxat. The investigation focused on whether GSK had failed to inform the MHRA of information..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
UK headed for US-style claim culture
Research commissioned by law firm Russell Jones and Walker has found that 81% of respondents believe the UK is heading into the grip of a US-style claim culture and 53% of respondents believed claimants are financially motivated rather than..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Agency worker and unfair dismissal claim
The claimant worked for a council as an agency worker from September 2001 until September 2004. When she returned to work following a period of sickness absence (during which the agency supplied a replacement worker) the council decided that it no..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Police owed duty of care
The claimant was attacked with a claw hammer and seriously injured by his former partner. The claimant said that he had repeatedly told Brighton police that his partner was threatening to kill him but they had done nothing to prevent it happening...
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Bus driver negligent for driving off
The claimant sustained a severe head injury after falling from a bus after the driver had closed the doors on him and driven away. The bus had stopped at a traffic light and the claimant ran after it. They boarded the bus, but the claimant remained..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Liability of bookmaker to customer
Although a bookmaker was not liable in negligence in respect of the gambling losses of a customer who was, and who was known by the bookmaker to be, a problem gambler, a bookmaker who had, at the customer’s request, undertaken to prohibit the..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
1998 Regulations impose strict liability
An employer had no responsibility to maintain a ramp on which its employee was injured which was installed by a third party on premises of a third party and over which it had no control. The Court of Appeal so stated when allowing the appeal of the..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
$24mn class race discrimination lawsuit
A class race discrimination lawsuit filed by the US Equal Employment Opportunity Commission (EEOC) against Walgreen Co, a US drug store chain has resulted in the payment of over $24mn to a class of thousands of African American workers...
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Hit and run victim wins compensation
The Fire Brigades Union (FBU) has secured over £280,000 damages for a member who had to be medically retired after he was knocked off his bike by a hit and run driver. His right knee was so badly injured that he had to be retired from the fire..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Lung cancer from asbestos damages
A man who developed lung cancer after being exposed to asbestos in the workplace has received £65,000 in damages. He was exposed to asbestos while working as a colour stillman. The company made asbestos roofing sheets and the paint to go on..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Mesothelioma award to family
The family of a man who died from mesothelioma has received £317,878 in an out-of-court settlement. During his employment he was responsible for filling the cavities between the outer and inner shell of tanks with asbestos. He only did the job..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Car crash victim receives £325,000
A man has received over £325,000 in compensation after being injured in a crash. He suffered serious injuries in the crash. The vehicle he was driving collided with a stationary vehicle on the motorway. It was subsequently found that the..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
£1.15mn for road accident victim
An award of £1.15mn in compensation has been approved in the case of a man who suffered serious brain injury when he was knocked over by a taxi. Fault had been established against the taxi driver at an earlier hearing. Initially it was thought..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Damages over dangerous football tackle
A man who was injured whilst playing in an amateur league football match has received £13,375 in compensation. During the course of the game, the man suffered a late and dangerous tackle, that caused him to sustain factures to his right tibia..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
£14,000 for broken leg
A man has received £14,000 in compensation after his leg was broken when it was trapped in an accident at work. He was loading a ride on roller machine onto the back of a flatbed truck, driving up metal ramps. As he did so the machine slid,..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
£218,900 in compensation for mesothelioma
A man who developed mesothelioma after being exposed to asbestos when preparing electrical fires which contained asbestos has won £218,900 in compensation. He was responsible for stripping many of the old electrical fires in storage and was..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Broken kerbstone injury award
A woman who broke her ankle on a broken kerbstone has received £9,800 in compensation in an out of court settlement. She suffered the accident at work when she was walking along a designated footpath at bus depot and her ankle went over the..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Wet floor slip compensation
A woman who sustained an injury when she slipped on a wet floor has received £6,000 in compensation. She sustained soft tissue injuries to right wrist, neck, left arm and shoulder and concussion. It was discovered that soapy water was covering..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
£3.4mn for boy in road accident
A settlement of £3.4mn for a 14 year old boy who was severely injured in a road accident has been approved by the High Court. The boy was five years old when he was run over by a car in the road outside his house. He sustained serious brain..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Award for excessive noise injury
The claimant worked as a doffer in a textile mill and was exposed to excessive noise without ear protection between 1964-1967. The noise was predominantly from textile machinery. She pursued a claim for noise induced hearing loss and received..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
£25,000 for pressure sore
A man has received £25,000 in an out of court settlement in respect of a severe pressure sore affecting the sacral area. The man went into a diabetic coma whilst sitting in a chair at home. He weighed in excess of 30 stone and suffered from a..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Ladder fall sees damages
A man who was knocked off a ladder while repairing a heavy sign has received £18,000 in damages. As a result of the accident, he dislocated his right elbow, requiring surgery. Liability was admitted and compensation settlement negotiated. His..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Slip and trip at work award
A café assistant in a supermarket who suffered a slip at work has received £7,650 in compensation. She was in the process of cleaning when she slipped on water on the floor and sustained a fracture to her wrist. Primary liability was..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Car crash out of court settlement
A man who was a rear seat passenger in a vehicle which lost control, crossed onto the wrong side of the carriageway and collided head on with another vehicle, has received £42,000 in an out of court settlement. He sustained significant injuries..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Motorcycle collision compensation
A man who suffered soft tissue injuries to his left elbow and lower back when an unidentified truck driver collided with his motorcycle has received £6,000 in compensation. The accident occurred when the unidentified driver did a u-turn and..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Injury compensation for car collision
A man who suffered injuries when his car collided with a truck and rolled over on the M1 in South Yorkshire has received £18,050 in compensation. He sustained whiplash injuries to his neck and back, a minor head injury, bruising to his right..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Award for assaulted bus driver
A former London bus driver who was badly hurt in an assault by a passenger and then sacked for taking time off while he was injured has been paid £75,000 compensation by his former employer. He was attacked by an aggressive and drunk passenger..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
£135,000 in damages for asbestos exposure
A woman who was exposed to asbestos while working for a clothes factory when she was a teenager has been awarded more than £135,000 in compensation. She was exposed to asbestos while working as a junior clerk for a clothing company which made..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Back injury caused by pushing wheelchair
A support worker who slipped a disc while pushing a client in a wheelchair, and subsequently had his employment terminated, has secured damages of £15,500 from his former employer. His role as a support worker involved pushing a patient up and..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Widow wins damages over husband’s asbestos exposure
A woman was awarded £122,000 in damages after her husband was exposed to asbestos while working on shipyards in Tyneside. He was exposed to the asbestos as a teenage apprentice electrician, working on ships being built on Tyneside alongside..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Compensation for verbal assault
A council kitchen assistant who was eventually forced to leave her job following a violent incident has been awarded £40,000 compensation by her former employer. She was employed as a kitchen assistant at a centre which caters for adults with..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
It’s back, but in a different form
The infamous pants lawsuit is back in the news. A case has been filed in Washington, DC, claiming that a laptop computer was allegedly lost or stolen when the claimant left it for repairs at a store. The plaintiff told reporters that, in pursuit of..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Audience member sues Oprah show
A woman is claiming $50,000 in damages after allegedly being pushed down a flight of stairs during a recording of the Oprah Winfrey show. She alleged that she was injured when there was a rush to find seats by audience members. She said that the..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Claims for aircraft cabin toxic fumes leaks
Law firm Irwin Mitchell has said it is currently investigating potential claims for a number of passengers who have suffered injuries allegedly due to toxic fumes leaking into aircraft cabins during international flights. The injuries sustained..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008
Adding insult to injury – ABI on the need for reform
The ABI (Association of British Insurers), in conjunction with the CBI and Citizens Advice, has called for the Government to introduce proposals for reforming personal injury compensation without delay. The three organisations have launched a new..
Online Published Date:  01 April 2008
Appeared in issue:  212 - 01 April 2008

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