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Changes to Employers’ Liability (Compulsory Insurance) Regulations 1998
The Government has responded to the consultation seeking views on recommendations for changing the Employers’ Liability (Compulsory Insurance) Regulations 1998. The Administrative Burdens Measurement Exercise (ABME) in 2005/6 identified the..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Monthly Quota
“If the same number of cattle were affected by a disease, the Daily Mail and others would argue that compensation should be at the top of the list, and that it should be a priority for the Government to compensate the farmers whose cattle had..
Online Published Date:
01 July 2008
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215 - 01 July 2008
Kennedys and Davies Lavery to merge
Insurance law specialists Kennedys and Davies Lavery have announced their decision to merge from 1 September 2008. The newly merged firm will be known as ‘Kennedys’ and will number some 110+ partners and a total staff of..
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01 July 2008
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215 - 01 July 2008
Construction firms warned over Corporate Manslaughter law
Following recent Corporate Manslaughter legislation, construction businesses that do not meet Health & Safety standards will be more exposed to major liability exposures than ever, according to Lockton’s latest Market Watch..
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01 July 2008
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215 - 01 July 2008
Government review of no win no fee announced
A research based review of no win no fee arrangements in England and Wales has been announced by the Ministry of Justice. The study, by senior academics, will look at whether no win no fee arrangements are still operating in the best interests of..
Online Published Date:
01 July 2008
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215 - 01 July 2008
ATE premiums could double
Insurance companies should brace themselves for higher costs associated with no win, no fee cases following the recent decision of the Court of Appeal in Carver v BAA, according to insurance specialists at Browne Jacobson.
Typically,..
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01 July 2008
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215 - 01 July 2008
Chubb launches Masterpro for media companies
Chubb Insurance has announced the launch of Masterpro, a one-stop-shop package covering the needs of individuals and organisations with content exposures. The cover is aimed at advertisers, advertising agencies, broadcasters, publishers and video..
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01 July 2008
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215 - 01 July 2008
EUclaim sets up in UK
Dutch company EUclaim has set up an office in the UK. EUclaim specialises in gathering and analysing flight data, which it uses to assist passengers who suffer flight cancellations or long delays and are in dispute with their airline companies over..
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01 July 2008
Appeared in issue:
215 - 01 July 2008
DoT publishes road casualty statistics
The Department of Transport has published “National Statistics on road casualties in Great Britain in 2007”, which relate to casualties in accidents reported to the police.
The number of people killed in road accidents fell, by 7% from..
Online Published Date:
01 July 2008
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215 - 01 July 2008
NHS urged to be more proactive over MRSA
Marsh has urged the NHS to be more proactive in managing the threat of MRSA, warning that the consequences of inaction runs into the hundreds of millions of pounds every year.
Speaking at a conference examining healthcare acquired infections..
Online Published Date:
01 July 2008
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215 - 01 July 2008
Local authorities hold back cash for pavement claims
A new report by Help the Aged has revealed that local authorities in England, Wales and Scotland are holding back millions of pounds to cover the potential cost of personal injury claims when people fall on pavements. This is at a time when many..
Online Published Date:
01 July 2008
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215 - 01 July 2008
Zurich extends D&O wording
Zurich is to issue an extension of coverage for its Directors’ & Officers’ (D&O) policy wording in response to the new law and procedures now in place under the Companies Act 2006 governing shareholder derivative actions against..
Online Published Date:
01 July 2008
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215 - 01 July 2008
UK law firms face increase in professional liability claims
The economic downturn in the US and many parts of Europe, caused by the contraction of readily available credit in some spheres, will increase the incidence of professional liability claims against UK law firms during the next 12 months, according..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Mixed reaction to enforcement report
The “Crisis of enforcement” report has had a mixed reception. Liberal Democrat Shadow Work and Pensions Secretary, Jenny Willott said: “It is deeply worrying that fatal accidents at work are being brushed under the carpet. This..
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01 July 2008
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215 - 01 July 2008
“Crisis of enforcement” report on fatal injuries at work
At least twice as many people die from fatal injuries at work than are victims of homicide, according to a new report from the Centre for Crime and Justice Studies. The report found that at least 1,300 people died as a result of fatal occupational..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Risk assessment campaign launched by EU
Every year 5,720 people die in the European Union as a consequence of work-related accidents, according to EUROSTAT figures. In addition, the International Labour Organisation estimates that an additional 159,500 workers in the EU die every year..
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01 July 2008
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215 - 01 July 2008
HSE study into disproportionate health and safety
The Health and Safety Executive has published a study into excessive health and safety, or as it prefers to call it: “Evidence based evaluation of the scale of disproportionate decisions on risk assessment and management.” The study was..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Work-related fatal injuries statistics from HSE
Provisional figures of work-related fatal injuries in Great Britain issued by the Health and Safety Executive (HSE) reveal that 228 workers lost their lives as a result of accidents/incidents at work in 2007/08 compared to 247 workers in 2006/07...
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01 July 2008
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215 - 01 July 2008
Bill increasing H&S penalties in Lords
A bill is going through the House of Lords which will bring in tougher penalties for those who breach health and safety laws. The Health and Safety (Offences) Bill was brought in by Keith Hill as a Private Members’ Bill. It was passed by the..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Positive H&S approach means more profit
Organisations adopting a proactive approach to health and safety management tend to be more profitable and have lower accident rates, according to new research commissioned by the Institution of Occupational Safety and Health (IOSH).
Academics at..
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01 July 2008
Appeared in issue:
215 - 01 July 2008
No mass claims from cryptosporidium outbreak
The discovery of the parasite cryptosporidium at an Anglian Water treatment works in Northamptonshire should not result in a mass of claims, as timely warnings should have minimised the effect on public health, according to Reynolds Porter..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
US lawyers target tomato victims
The US American Tort Reform Association (ATRA) has revealed that just two days after news of salmonella-tainted tomatoes hit the US media, and despite the fact that the Food and Drug Administration was still searching for the cause or causes of..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
US firms don’t buy separate foreign D&O policies
Only 3% of US survey participants with international operations have purchased separate Directors and Officers (D&O) liability insurance policies for other individual countries, according to the 2007 US Survey on Insurance Purchasing and Claims..
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01 July 2008
Appeared in issue:
215 - 01 July 2008
Insurance industry accused of acting like “jackals”
Michael Clapham MP, the chair of the UCATT parliamentary group has described the insurance industry as acting like “jackals” in their concentrated attack on paying compensation to victims of industrial illnesses. Mr Clapham was speaking..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
400,000 people quit smoking since ban
Smokefree law in England has helped more smokers to quit than ever before and will help prevent an estimated 40,000 deaths over the next 10 years, according to new research funded by Cancer Research UK, McNeil, Pfizer and GlaxoSmithKline.
The..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Scotland bans under-18s from using sunbeds
The Scottish Parliament has brought in new laws which ban the use of sunbeds by under-18s. The laws are part of the recently passed Public Health etc (Scotland) Bill. The “Regulation of Provision of Sunbeds” lists a number of offences,..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
EC report: safety measures in the toy supply chain
The European Commission has produced an expert report entitled “Evaluating business safety measures in the toy supply chain”. European Consumer Affairs Commissioner Meglena Kuneva said that the study was undertaken after a series of..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Medical Mix
A study has shown that prolonged seated immobility at work may represent a risk factor for deep vein thrombosis (DVT). The study was carried by researchers in New Zealand and was published in the Journal of the Royal Society of Medicine.
The aim of..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Single Equality Bill welcomed
The Equality and Human Rights Commission has welcomed the new Single Equality Bill. Trevor Phillips, Chair of the Commission, said: “This is the first step in a new generation of equality law. We want to enable people, businesses and the..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Government announces new measures in Equality Bill
The Government has announced new measures which will streamline and strengthen discrimination legislation, including banning age discrimination.
The Equality Bill will include powers to ban all unjustified discrimination against older people, such..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Equality taskforce launched
Harriet Harman, Minister for Women and Equality, has launched an expert equality taskforce that will “subject the root causes of inequality to unparalleled scrutiny”.
The National Equality Taskforce will consist of leading academics..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Lloyd’s warning on future liability crisis
Businesses could be facing a future liability crisis if they do not face up to growing litigation issues, Lloyd’s has warned. In a new report ‘Directors in the Dock - is business facing a liability crisis?’ businesses are urged to..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Government failure to implement Community law
A cause of action for damages against the Government for failure to implement Community law and provide a remedy in a personal injury case accrued as soon as some measurable damage had been suffered.
The Court of Appeal so stated when dismissing..
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01 July 2008
Appeared in issue:
215 - 01 July 2008
Claim in negligence and criminal conduct
A claim in negligence was not defeated by public policy unless the claim or a head of claim was inextricably bound up with or linked to the claimant’s criminal conduct. Where the depression the claimant suffered as a result of the..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
No disability discrimination over subletting
A landlord’s claim for a possession order against a disabled tenant who sublet the premises in breach of the tenancy agreement did not amount to unlawful discrimination for a reason which related to the tenant’s disability. A tenant..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Rugby club vicariously liable for injury
A tortious assault by one rugby player on a member of the opposing team during a match was so closely connected with his employment by the rugby club that it was fair and just to hold the club vicariously liable for injury to the opponent.
The..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Rail company not in breach of PUWER
A train driver retired on grounds of ill health, and towards the end of his working career he developed sciatica and he alleged that the seating arrangements in some of the train cabs aggravated his condition.
He succeeded in a complaint relating..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Claimant succeeds in bouncy castle claim
The High Court held that parents who had hired a bouncy castle for their triplets’ 10th birthday party were liable when the claimant sustained a serious head injury whilst playing on the bouncy castle. The key issue in the case was the level..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Slip and trip award
A woman has received £6000 in compensation after she was injured in a slip whilst at work. The cleaners had polished the laminate flooring and left a residue on the floor which caused her to slip. As a result, she injured her lower back,..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
£220,000 for ladder fall
A man has been awarded damages of £220,000 after he sustained injuries to his back and shoulder when he fell from a ladder in the course of his employment. He has not been able to return to his former work as a painter and decorator.
His..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
£300,000 compensation for RTA
A woman has received £300,000 compensation after being badly injured in a road traffic accident despite the negligence of her former solicitors putting her claim in jeopardy. She was travelling in a car that collided with a vehicle which had..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Incorrect dosage of medication
A woman has received £70,000 in compensation after she was prescribed an incorrect dosage of medication which caused injury. She was initially incorrectly prescribed the medication by her GP. She was then supplied with the medicine by a..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Fractured skull compensation
A man has received £20,000 compensation after suffering a fractured skull at work. He was working on a mobile crusher and had to remove any objects that would not go through the jaws of the machine. He saw a large piece of metal and went to..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Damages for bike hit by road sweeper
A man who was knocked off his bike by a road sweeper and then suffered a stroke has secured over £200,000 in compensation. He suffered injury to the back of the head and severe bruising to the back of my body. After the accident he lost..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
£76,000 in compensation for mesothelioma
The widow of a painter and decorator, who died of mesothelioma, has received over £76,000 in compensation. He had worked as a painter and decorator and was exposed to asbestos due to the artexing which was carried out in the vast majority of..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Burns injury at work
A man has received over £9000 in compensation after suffering injuries in a work accident. He sustained burns during the course of his work when a hot substance spurted from a machine under high pressure hitting him in the face and neck.
As a..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
£30,000 in damages for car accident
A man who was medically retired following a car accident has received £30,000 in damages. He was injured when a car drove into the side of his vehicle and pushed his car into the concrete edge and barrier of the central reservation,..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
£140,000 mesothelioma damages
The family of a former UNISON member has received more than £140,000 in compensation following his death from mesothelioma. He was exposed to asbestos while working for Greater London Council (GLC) and Haringey Council. He worked as a general..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
£25,000 RTA damages
A woman has received £25,000 in compensation after a road traffic accident left her with physical and psychological injuries. She lost consciousness after being involved in a collision with an HGV on the motorway. She suffered head injuries..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
£90,000 award for stair fall
A woman has received £90,000 compensation after falling down a flight of stairs at her office. She tripped on one of the non-slip strips which had become dislodged. She suffered a serious fracture to her right elbow, which deteriorated and..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Mesothelioma damages of £112,000
A man who was diagnosed with mesothelioma has received £112,000 compensation. He was exposed to asbestos whilst working for a steel company as a blast furnace top shift foreman. All of the lagging in the plant was asbestos which was very..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
£35,000 RTA damages
A woman received nearly £35,000 compensation after a road traffic accident left her with psychological injuries. She was travelling as a passenger when the vehicle she was in was involved in a crash. She suffered a fractured sternum and fourth..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Pothole caused bike accident
A man has received £11,000 compensation in a claim against a council. He was cycling along a street when the wheel of his cycle dropped into a pothole and he fell onto the road. He suffered a fractured pelvis which required internal fixation..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Finger amputation award
A man has received £12,000 compensation after being injured in an accident at a DIY superstore. He was assisting with the cutting of a granite worktop that he wished to purchase from the. His finger became trapped between the worktop and the..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
£100,000 mesothelioma compensation
A former plumber who was diagnosed with mesothelioma has received £100,000 compensation. He was exposed to asbestos several times during his employment history, however, mainly whilst working for a steel company as a plumber. Any repair work..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Hand crushed by skip
A labourer has received £23,500 compensation after being injured at work. He was stood between two skips when, suddenly and without warning, one of the skips was moved, trapping his hand. It was understood that another employee had operated..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Award for slip and trip
A woman has received £15,000 compensation after suffering painful injuries in a fall in a public place. She sustained a fractured ankle as a result of an accident that occurred in the grounds of a church. She was descending a flight of stairs..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Skip lorry accident
A man has received £8000 compensation after he suffered a fractured middle finger, bruising and abrasions to his hand, face, knees and a blunt trauma to his chest in a work accident. He was an HGV driver and was loading a skip onto his lorry..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Turner & Newall Scheme payment
The family of a woman who died after being diagnosed with mesothelioma has received compensation the Turner & Newall (T&N) Scheme. According to her lawyer, the value of the mesothelioma claim under the scheme would ordinarily have been..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Unfair dismissal award
A man who was unfairly dismissed from his job has been awarded £18,450 in compensation. He was called into his manager’s office and told that his work was no longer good enough. He was immediately ordered to clear his desk and hand over..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Hand injury compensated
A builder has received £25,000 compensation after being injured in a work accident.
He was walking along scaffolding carrying a heavy concrete block when he suddenly tripped on some scaffold batting which was the incorrect size and had come..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Farmer sued for £1mn over cow attack
A businesswoman who was trampled by a herd of cows as she was crossing a field is suing a farmer for £1mn. The company director appeared at court in a wheelchair. She had used a public footpath to cut across a field with her dog where there..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
School caretaker sues over ladder fall
A school caretaker who was injured falling off a six-foot stepladder is suing his employer for up to £50,000 claiming he was not trained how to use it properly. He says his bosses did not show him how to use the 6ft ladder safely, although he..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Court of Appeal overturns damages
A man paralysed from the neck down in a climbing wall accident has been left without any damages in a Court of Appeal ruling which warned that those involved in risky pursuits may never be able to claim.
The man was found 75% to blame by the High..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008
Scottish pleural plaques bill published
The Scottish Government has published a new bill overruling the decision taken by the House of Lords last October that asymptomatic pleural plaques do not give rise to a cause of action under the law of damages.
According to the Scottish..
Online Published Date:
01 July 2008
Appeared in issue:
215 - 01 July 2008