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Preliminary Report on litigation costs lends weight to reform of collective redress procedures in England and Wales
John Meltzer, Partner, Lovells, and Dan Armstrong, Associate, Lovells
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Rates still decreasing but at slower rate in UK
Insurance rates in the UK continued to fall across all major lines of business in the first quarter of 2009, but at a slower rate than before, according to Marsh. The figures are based on business placed by Marsh, on behalf of large UK corporates,..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Extra risks for accountants over tax avoidance schemes
A new policy by HMRC to publicise which tax avoidance schemes it believes are ineffective could create extra risks for accountants and their insurers according to Reynolds Porter Chamberlain (RPC).
On April 24 HMRC published its first edition of..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Warning over swine flu pandemic and D&O liability
Jardine Lloyd Thompson (JLT) has warned that company directors should check that they have mitigated any exposure to the current swine flu pandemic and their Directors’ & Officers’ (D&O) liability.
“Directors may be focused..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
No breach of Employment Equality (Age) Regulations 2006
A length of service criterion within the selection matrix for redundancy selection, contained in collective agreements between a company and a workers’ union, was not in breach of the Employment Equality (Age) Regulations 2006, in that the..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Interests of justice require a review
On an application to review a decision rejecting a claim form for procedural non-compliance, where the claimant’s grounds included administrative error and the interests of justice, an employment judge should not limit his consideration to..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Improving road safety for pedestrians and cyclists report
The Royal Society for the Prevention of Accidents (RoSPA) has welcomed a focus on vulnerable road users in a report published today by the National Audit Office.
The report — entitled “Improving road safety for pedestrians and cyclists..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Lord Jackson publishes Review of Civil Litigation Costs consultation
Lord Justice Jackson has published the preliminary report in his Review of Civil Litigation Costs. He described the report as a major piece of work, deriving from four months of fact-finding, research and receiving submissions, and it extends to..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
RPC warns over government plans for “careless failure” liability
The government’s plans to place a personal liability on companies’ senior accounting officers for accurate tax reporting will be enforced against the unusually strict standard of “careless failure”, Reynolds Porter..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Berrymans Lace Mawer appoints new partner
Law firm Berrymans Lace Mawer (BLM) has appointed Nick Thorne to its catastrophic injury division in Manchester. He joined the firm as a partner from Halliwells. According to BLM, his appointment is part of the continuing strategic growth of its..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Victimisation after employment termination
The failure of an employer to pay compensation awarded to an employee for race discrimination, even after such compensation award had been converted into a county court judgment, could amount to victimisation of the employee after termination of his..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Defective wheelchair ramp not work equipment
A care worker who was injured when using a defective wheelchair ramp at a client’s home had not been using equipment “used by an employee at work” so as to make her local authority employer, which was aware of the ramp but did not..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
MoJ clamps down on contingency fee agreements
The Ministry of Justice (MoJ) has announced plans to clamp down on ‘no-win no-fee’ lawyers who are exploiting vulnerable clients by taking a large proportion of the damages they are awarded as payment for excessive legal fees.
These..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
No varying of terms of settlement
There was no power pursuant to CPR r 3.1 in the context of personal injury litigation to vary the terms of a settlement where there had been an unforeseen event which destroyed the assumption on which the settlement was made.
The Court of Appeal so..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Res ipsa loquitur can be applied in aviation cases
The doctrine of res ipsa loquitur applied in aviation cases where a claim for damages was based on an allegation of negligence which caused an aircraft to crash. The burden of proof then shifted to the defendant owners/operators of the aircraft to..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
No discrimination on ground of political opinion
An employer in Northern Ireland could refuse to employ a person on the ground of that person having supported the use of violence for political ends connected with the affairs of Northern Ireland, even if the person had since repudiated such..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Stress increases risk of musculoskeletal symptoms
A new study of more than 1,300 Australian Public Service staff has revealed that significant physical stress, such as neck or back soreness, is more likely to be caused by factors such as high workloads and tight deadlines rather than by posture or..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Aon urges P&I clubs to remove war risks exclusion
Aon is urging P&I clubs to remove their war risks exclusion to give ship owners greater coverage certainty in the event of a piracy attack. Continuing attacks are highlighting the need to clarify ambiguity in club cover: currently, P&I clubs..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Hairdressers give thumbs up to non-latex glove protection
The Health and Safety Executive (HSE) has commissioned a trial in which hairdressers were given non-latex gloves to wear in a move to reduce the very high risk of getting dermatitis and other uncomfortable skin conditions.
The glove trials were..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
TUC wants new upper limit on workplace temperature
The TUC has warned that with summers predicted to get gradually hotter and drier over the coming years, UK factories and offices will become increasingly uncomfortable and potentially hazardous place to work. The TUC is calling for the introduction..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Asbestos link to cancers of the ovary and larynx
Exposure to asbestos, which is known to cause a form of cancer called mesothelioma, has also been shown to cause some cancers of the ovary and larynx (voice box) as well, according to scientists.
Writing in a review in the Lancet Oncology, an..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Bakers urged to mitigate occupational asthma risk
Thousands of British bakers could be at risk of developing a debilitating respiratory condition unless they take sensible precautions, the Health and Safety Executive (HSE) has warned. Bakers are about 80 times more likely to develop occupational..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
EU bans DMF in consumer products
The European Union has banned dimethylfumarate (DMF) in consumer products, such as sofas, shoes and soft toys. The biocide DMF has caused severe allergic reactions, including skin itching, irritation, redness, burns and, in some cases, acute..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
BIBA launches Environmental Liability scheme
The British Insurance Brokers’ Association (BIBA) has launched the BIBA Environmental Liability scheme in conjunction with BIBA member, Gallagher London. The scheme responds to the new regulations from DEFRA which reinforce “the polluter..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Marsh’s Disease Liabilities Risk Management Tool
Marsh has said that its risk methodology, the Disease Liabilities Risk Management Tool, has saved UK clients more than £4m in the first year since its launch. The tool helps companies of all sizes manage the financial risk of their disease..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
One-fifth of construction sites failed health and safety checks
One in five construction sites failed health and safety checks during the latest national inspection initiative carried out by the Health and Safety Executive (HSE). Inspectors from the HSE visited 1759 refurbishment sites during March and checked..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Salmonella remains most common cause of food-borne outbreaks
The European Food Safety Authority (EFSA) and the European Centre for Disease Prevention and Control (ECDC) have published their Community Summary Report on Food-borne Outbreaks in the EU in 2007. It shows that salmonella remained the most common..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
“Alarming” rise in malignant melanoma
The number of people diagnosed with the deadliest form of skin cancer now exceeds 10,000 after an alarming rise in new cases, according to the latest Cancer Research UK figures.
According to Cancer Research UK, experts are concerned about the..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Long-term sickness absence still major headache
Long-term sickness absence is still an ongoing issue, according to a major sickness absence study of the manufacturing industry, released by EEF, the manufacturers’ organisation, and Unum, a group risk insurance provider.
The EEF/Unum 2009..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
New EIL policy offered by Cadogan Keelan Westall
Commercial property insurance broker Cadogan Keelan Westall is offering specialist Environmental Impairment Liability (EIL) insurance plus a set of guidelines urging property owners to ensure they are adequately covered, following the introduction..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Rise in number of dangerous products detected in EU
The number of dangerous consumer products withdrawn from the EU market rose by 16% in 2008 compared with 2007, the commission’s annual report on the community rapid alert system for non-food dangerous products (RAPEX) has revealed.
According..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Prevalence of asymptomatic vCJD in UK is low
Latest estimates of the number of people asymptomatic for variant Creutzfeldt-Jakob disease (vCJD) in the population remain very low, according to results from a large scale study of tonsil tissue by the Health Protection Agency, published in the..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Petition for funding of National Centre for Asbestos Related Disease
A Petition with more than 24,000 signatures has been handed into 10 Downing Street calling on the government to fund a National Centre for Asbestos Related Disease (NCARD) in the UK. Lobbyists are fighting for a virtual centre to help fund research..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Hand injury settlement
A man has received £4,000 compensation after he was injured in an work accident.
He sustained an injury to his hand when unloading a wagon. When the roller shutter door of the wagon was raised, badly stacked items fell from the wagon striking..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Damages over pin left inside patient
A hospital which left surgical equipment inside a patient has paid an out of court settlement. The hospital admitted liability after a surgeon left a guide pin in the patient during a routine operation. He was admitted to the hospital after being..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Landmark age discrimination ruling from Court of Appeal
Unite has secured a landmark judgment from the Court of Appeal against Rolls Royce in one of the first cases on age discrimination to be considered by the higher courts.
The Court of Appeal handed down its judgment upholding Unite’s resistance..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Damages for crushed hand
A man who suffered injuries to his left hand after it was crushed in a paper machine has received compensation. The man had worked for a company for just seven months when he was asked to help a colleague fix a paper jam on a machine. He was not..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Damages over health and safety hazard
A shop steward who has fought for years for safer practices and member rights in the workplace has received £4,000 in compensation after an accident at work. The man jarred his shoulder as he disposed of clinical waste while working as an..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
£290,000 for mesothelioma death
The widow of a school teacher who died from mesothelioma has been awarded compensation of £290,000. He contracted the lung disease as a result of exposure to asbestos in a school’s science laboratories. The man worked as a chemistry..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Slip and trip compensation
A tube train driver who tripped and fell has received almost £4,000 in compensation after he badly injured his knee. He had warned bosses on several occasions that the footpath used by Underground drivers at the sidings was poorly lit and in a..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Human rights of disabled people to be recognised
A major UN treaty that will enshrine the human rights of disabled people will soon be ratified by the UK, according to Jonathan Shaw, Minister for Disabled People. Covering all aspects of life, including health, education, employment and access to..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Compensation for excessive noise exposure
A ramp co-ordinator working for an airline at Heathrow Airport has been awarded £6,000 compensation. He was exposed to excessive levels of noise when handling baggage and working in the vicinity of aircraft, the engines of which were still..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Award over loss of little finger
An engineer who lost his little finger in an accident at work has received £4,000 in compensation. The man has had to adapt to working without his finger after it was amputated following the accident. The accident happened while he was grinding..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
£359,718 compensation for ankle injury
A warehouse operative has been awarded £359,718 initial compensation one week before a scheduled three day High Court trial. In addition, he has the right to further compensation if his condition significantly deteriorates.
Whilst picking goods..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
£340,000 payout for road injuries
A man who sustained serious head injuries as a result of a road accident has been awarded a payout of £340,000 for the crash, which left him on a life support machine for five days. He was being given a lift home from his job as restaurant..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
£140,000 in compensation for mesothelioma
The widow of a Ministry of Defence shipyard worker has received £140,000 in compensation after her husband died of mesothelioma. Her husband was exposed to asbestos while working at HM Naval Base in Plymouth. He was employed as an apprentice..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
£50,000 in compensation for arm injury
A man who suffered an injury when his arm was pulled into a machine has received £50,000 in compensation. The man, an engineer, had to undergo specialist surgery in France following the accident at a factory in Kent. His right arm was pulled..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Compensation for shoulder injury
A man who damaged his shoulder in a workplace accident has received compensation despite his employers going into administration. He received £3,500 after injuring his right shoulder while working as a caster. The firm he worked for was a..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
£4.8mn damages for birth complications
A teenager who was left disabled at birth has been awarded £4.8m in compensation. There were complications during her birth and she was starved of oxygen. As a result, she now suffers from learning difficulties, epilepsy and physical problems...
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Hospital death from routine procedure
An NHS Trust has paid £12,000 in compensation to the family of a man who died after a routine medical procedure went wrong. The man went to hospital complaining of shortness of breath and was diagnosed with pneumonia. He was told that a chest..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
NHS manager claims £760,000 for unfair dismissal
A former NHS manager is seeking a payout of £760,000 over alleged unfair dismissal. The man used to be chief executive of a primary care trust. He was made redundant following a reorganisation in 2006 and claims that his bosses used the..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Crush injury to index finger
A machinist for an aerospace company has received compensation after his index finger on his dominant hand was crushed in a workplace accident. He suffered a crush injury to his index finger while he was using a crane to lift part of the frame of an..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
£400,000 in damages for medication overdose
An assistant social worker was forced to give up her job after she received a medication overdose while she was in hospital for a hip operation. The 60-year-old received £400,000 in damages. She was given an overdose of the powerful antibiotic..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
£400,000 mesothelioma award
A man has been awarded damages of £400,000 after developing mesothelioma. He was forced to give up his business maintaining street lights for local councils as a result of his condition. He was exposed to asbestos while working as an apprentice..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Single mum in sex and race discrimination claim
A woman who claims that her bosses discriminated against her on the basis that she is a single mother is seeking compensation of £70,000. She alleges that she lost her city job with a bank because she is raising children. According to the..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
£80,000 damages over cancer diagnosis delay
A woman whose breast cancer diagnosis was made four months late has been awarded £80,000 in compensation. The woman was referred by her doctor to a hospital breast clinic. There was a delay in carrying out full investigations and, as a result,..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009
Rapper Goldie in £300,000 damages legal action
Rapper Goldie is seeking a payout after he sustained a spiral fracture while practising waterski-ing for a TV show. The 43-year-old, who is also a DJ and actor, is seeking damages of up to £300,000 for the injuries he suffered, according to..
Online Published Date:
15 June 2009
Appeared in issue:
226 - 01 June 2009