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European Directive on liability for defective products
The Community Directive on liability for defective products normally precluded a producer of a product from being substituted, after the expiry of the 10-year limitation period, for a defendant who had been sued within that period.
The Grand Chamber..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
No duty of care by council for horse fair
A local council did not owe a duty of care to claimants to arrange public liability insurance to cover the risk of injury occurring at a long-established horse fair taking place on land part of which it owned, nor to ensure safe segregation and..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Reminder as to what constitutes ‘harassment’ By Rachel Dineley, Beachcroft LLP
By Rachel Dineley, Beachcroft LLP
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Trust not liable for laboratory error
The appellant NHS trust appealed against a decision that it was liable in a wrongful birth case and the respondent parents cross-appealed. The parents were carriers of a gene which could cause an inherited blood disorder. When the wife was pregnant..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Cameron outlines plans to reduce H&S burden
The Conservatives have pledged to reduce the burden and impact of health and safety. However, the policy has been vigorously attacked by unions. In a speech to Policy Exchange in December, David Cameron MP said, ‘After 12 years of a Government..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Mesothelioma claims: Willmore v Knowsley Metropolitan Borough Council By Brian Goodwin, Berrymans Lace Mawer
By Brian Goodwin, partner, Berrymans Lace Mawer
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
High-handed or discriminatory misconduct in employment tribunal
In many cases the remedy for high-handed or discriminatory misconduct by, or on behalf of, an employer would be more fittingly in the employment tribunal rather than by recourse to a claim for damages for the statutory tort of harassment.
The Court..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Twofold increase in risk proof rejected
In a mesothelioma case, it was not open to a defendant to put a claimant to proof of causation by reference to a twofold increase in risk. The Court of Appeal so held in allowing the appeal of the appellant administratrix against an order dismissing..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
£17,500 in compensation for ladder fall
A bakery worker has received £17,500 in compensation after he fell from an unsafe ladder at work. He was unable to do heavy manual work for two years as a result of the accident and is still unemployed. He was using the ladder and a broom to..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Compensation for injuries caused by thieves
A motorway service station worker who stood up to hooded thieves has received £36,000 in compensation for the injuries she received. She was working as a night time forecourt cashier at a motorway service station when she was attacked. A group..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Pleural thickening provisional settlement
A former plasterer, who worked for a college, has received £45,000 after developing an asbestos related disease. The provisional settlement for pleural thickening will allow him to re-open the claim at any point, as he now stands at risk of..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
£450,000 for amputation following ladder fall
A man who was left needing a below knee amputation to his left leg, after falling from a 13 foot ladder at work, has been awarded £450,000 to fund his future care and rehabilitation. His employer admitted liability. The accident would have been..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
£20,000 in compensation for dermatitis
A man who suffered a skin condition after being exposed to irritants in the workplace has received £20,000 in compensation. He developed dermatitis after working as a plumber and team leader. He had worked for a digger manufacturer for more..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
£110,000 in damages for forklift truck accident
A labourer who had his foot and leg run over by a forklift truck and will never work in that role again has won £110,000 in compensation. He was left with multiple fractures to his left foot and ankle after a colleague reversed into him. He..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Birth injury compensation of £75,000
A nine year old boy has been awarded compensation of £75,000 after an injury, caused during his birth, left him with a severely damaged shoulder and a lifelong weakness in his left arm.
He suffers from Erbs Palsy, a condition that affects the..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Acas lauds Pre-Claim Conciliation (PCC) service
Acas has revealed that it has helped businesses avoid more than 2,000 employment tribunal claims in just seven months since the introduction of the Pre-Claim Conciliation (PCC) service. Acas recently expanded the service to include all major types..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
£90,000 in damages for car accident injuries
A civilian police driver who was forced to give up his career when he was involved in a car accident has received £90,000 in compensation. He is now only able to drive short distances and has to be accompanied.
He was working as a driver for..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Paramedic wins £200,000 damages
A paramedic has been awarded £200,000 after becoming permanently disabled after falling while attending an emergency call. He has had to take early retirement since his bulky work equipment caught on a door handle. He had complained to his..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
£800,000 in compensation for leg amputation
A firefighter who had to have his lower leg amputated after he was knocked off his motorbike has received £800,000 in compensation. The firefighter was riding his bike on a road when a car pulled out and crashed into him. His main injury was a..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Airline insurance market begins to harden
The airline insurance market appears to have hardened but it is not yet clear how significant the hardening is. This is according to Aon, which said in its latest Aon Airline Insurance market news for December 2009, ‘With preliminary data for..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
£100,000 compensation for mesothelioma
The widow of a steel worker has received £100,000 compensation after he died from mesothelioma. He was exposed to asbestos while working as a maintenance worker at a steel works. He was exposed to asbestos insulation on pipe work and furnaces...
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Union helps to increase car accident damages
A man who was advised to accept just £1,250 in damages after a car accident has received almost nine times the amount in compensation after help from her trade union. She suffered a serious back injury during the accident. She had pulled up in..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Damages for injuries caused by heavy lifting
A man who was forced to continue lifting heavy objects after he damaged his back has received £13,500 in compensation. He is now permanently disabled as a result of his work for the cash services company. He first hurt his back while lifting..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Compensation for needle injury
A man who had a three month wait for the results of blood tests for HIV after he was injured by a dirty needle has received £8,500 in compensation. He was stuck by a needle in his knee while attempting to fix lights on a train carriage at..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Formal inquiry into disability related harassment
The Equality and Human Rights Commission has announced that it intends to conduct a Formal Inquiry into disability related harassment in England, Scotland and Wales, and how public authorities are protecting disabled people’s human rights to..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
TUC calls for legally-binding safety duties on directors
The TUC has said that the case for legally-binding safety duties on company directors is ‘watertight’, adding they would be ‘the biggest driver yet in changing boardroom attitudes towards health and safety.’ The TUC said the..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
£100,000 settlement for permanent eye damage
A factory worker has received £100,000 in compensation after being left with permanent eye damage when a corrosive chemical dripped onto his face. The man has been left with reduced sight in his right eye following the accident at a chemical..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Review Statement – Code of Practice for tracing EL insurance Policies
The Department for Work and Pensions (DWP) has published a ‘Review Statement – Code of Practice for tracing Employers’ Liability Insurance Policies,’ which reviews the year 2008.
The review said that an Association of..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Carpal Tunnel Syndrome cases won
A judgment by the Swansea County Court has paved the way for train drivers across Britain to claim compensation for an industrial injury that leaves their hands permanently disabled. The decision initially affects three members of ASLEF, the train..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Legal action threat over ‘office antics’ underestimated
Anew study by Hiscox has warned that bosses of SMEs (small and medium-sized enterprise) could be leaving themselves open to legal action by being unaware of the level of sexism, swearing and shouting in the workplace. At the same time, the study..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Government call for improved rates of EL insurance policy tracing
Lord McKenzie of Luton, Parliamentary Under Secretary of State, Department for Work and Pensions, has said that more should be done to improve rates of tracing employers’ liability insurance policies.
In the foreword to the Department for..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Key employment issues for 2010
Age discrimination, retirement and redundancy claims will be the key themes for businesses to consider in 2010, according to employment experts at commercial law firm Beachcroft.
Although 2009 saw employers getting the green light for continuing to..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
BIBA’s new members’ scheme for D&O insurance
The British Insurance Brokers’ Association (BIBA) has appointed Bluefin as the provider of its new members’ scheme for Directors & Officers (D&O) insurance. The new policy is underwritten by ACE European Group Limited and..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Offshore health and safety statistics for 2008/09
The Health and Safety Executive (HSE) has published full and finalised offshore health and safety statistics for 2008/09. The figures are now available on the HSE website. No workers were killed while working offshore during 2008/09 - the second..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
£107,000 compensation for mesothelioma
The widow of an engineer has received £107,000 compensation after he died from mesothelioma. He was exposed to asbestos while subcontracted to work at a brewery.
His job included repairing asbestos insulated pipe work. He was never warned of..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
£300,000 in compensation for injuries from falling tree
An art lecturer who suffered major injuries when he was hit by a falling tree has received £300,000 in compensation. He was walking in the grounds of the college when a diseased copper beech tree fell, knocking him unconscious. As a result of..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
MacLaren sued over pushchair injuries
It has been reported that pushchair maker Maclaren is being sued by a group of parents claiming the firm knew its products had injured children and ignored warnings others could get hurt. According to the BBC, more than 15 UK families are seeking..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
£12,000 provisional settlement for pleural thickening
A sugar factory worker has received £12,000 in provisional settlement of a compensation claim for asbestos related disease. The man was diagnosed with asbestos related pleural thickening after suffering from lung problems for several years. He..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Mesothelioma settlement of more than £110,000
A man has received more than £110,000 in compensation after developing mesothelioma. He worked at a company cutting sheets of an ‘asbestos-replacement’ product which was introduced as an alternative to using asbestos, and was..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Employers Liability Insurance Bureau Bill dropped
The Employers Liability Insurance Bureau Bill has been dropped by its sponsor, Andrew Dismore MP. The private members bill was on the Order Paper for a Second Reading for a number of days but ultimately failed to secure parliamentary time. The Bill..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
£58,000 in compensation for Hand Arm Vibration Syndrome
A welder has received £58,000 in compensation after prolonged use of vibrating tools left his hands permanently damaged. He was diagnosed with Carpal Tunnel Syndrome and Hand Arm Vibration Syndrome (HAVS) after he found he was unable to use his..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
New deputy president for RoSPA
The Rt Hon The Lord Hunt of Wirral MBE, the Shadow Minister for Business, Innovation and Skills, has bee appointed at deputy president for Royal Society for the Prevention of Accidents (RoSPA). He succeeds Lord Jordan of Bournville, who became..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
ABI responds to FSA third-party capture review
The ABI has responded to the publication by the FSA of its review of the practice of insurers contacting directly a person with a potential claim against their policyholder. Nick Starling, the ABI’s Director of General Insurance and Health,..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
ACE appoint technology and cyber liability underwriter
ACE European Group (ACE) has announced the appointment of Iain Ainslie to the role of technology and cyber liability underwriter. Based in London, he will be responsible for underwriting technology and cyber liability business in the UK, Ireland and..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
MRSA and C.difficile figures
The Health Protection Agency (HPA) has published a quarterly epidemiological commentary on trends of MRSA (meticillin-resistant Staphylococcus aureus) bloodstream infections and C. difficile (Clostridium difficile) infections from July 2007 to..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
RoSPA warning over large flat-screen televisions
The Royal Society for the Prevention of Accidents (RoSPA) is urging people to take care with large flat-screen televisions to head off a similar rise in injuries to that reported in the US. RoSPA is raising awareness of the need to ensure that..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Union warning over Government pleural plaques report
Construction union UCATT has claimed that a key Government report recommending that pleural plaques victims should not receive compensation was written by someone who was not an expert in the field and had not met any pleural plaques..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Primary school teachers and mental health problems
A quarter of primary school teachers suffer mental health problems after dealing with disruptive pupils according to a survey conducted by the Association of Teachers and Lecturers (ATL). The survey was carried out for ITV1’s Tonight..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Modest increases for ship owners’ P&I premiums
Ship owners are facing a more modest range of general increases, at 4.54% on average, on their protection and indemnity (P&I) premiums at the annual February renewal, according to Aon. The broker has forecasted that the 2010 round of increases..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
NHS litigation pays more in costs than damages
The national media have reported that lawyers representing patients in clinical negligence claims often take more money from the NHS in costs than their clients receive in damages.
According to the Times newspaper, ‘law firms representing..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Commission to preserve rights in Human Rights Act
The Equality and Human Rights Commission has set out its plan to preserve the rights in the Human Rights Act and to protect and promote respect for human rights principles.
One of the core principles in the Commission’s three-year strategy is..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
UNISON won £28mn in compensation for members in 2009
In 2009 the public sector union UNISON gained more than £28mn in personal injury compensation for members and their families. The compensation represents 3728 legal cases for injuries and, although road traffic accidents top the list, slips and..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Third Parties (Rights against Insurers) Bill progresses
The Third Parties (Rights against Insurers) Bill has reached the second reading committee stage and is progressing rapidly through the House of Lords. The Bill makes provision about the rights of third parties against insurers of liabilities to..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Novae Re appoints head of motor and general liability
Alan Tomlinson has joined Novae Re, the reinsurance division of Lloyd’s insurer Novae Group, as unit head of motor and general liability. He joined Novae from Liberty Syndicates where he developed a leading motor and liability account. Prior..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Commercial liability: a challenge for businesses and their insurers
Swiss Re’s new sigma study, ‘Commercial liability: a challenge for businesses and their insurers’, has highlighted the challenges of managing and insuring liability risk.
Swiss Re said that the best products and the best..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
FSA review of third-party capture
The Financial Services Authority (FSA) has published its review of third-party capture. This is when an insurer deals directly with a person who has a potential claim against their policyholder, in order to investigate and settle the claim.
The FSA..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
State tort reforms aid insurers, say US plaintiff lawyers
The American Association for Justice has said that state tort reforms have provided ‘a boon to insurance companies, leading to record profits while physician and patient premiums continue to skyrocket.’
The AAJ said that an analysis of..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Annual US ‘Judicial Hellholes’ report published
The American Tort Reform Foundation (ATRF) has released its annual ‘Judicial Hellholes’ report, naming some of the nation’s ‘most unfair civil court jurisdictions.’ The report includes first-time ‘Hellholes’..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
QBE appoints new professional indemnity underwriter
QBE has announced the appointment of Nicola Marshall as senior underwriter to the emerging markets team of its professional indemnity (PI) unit. She joins QBE from Axis Pro Europe, and was previously with Media Professional prior to its acquisition..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
Insurers to welcome proposals to scrap ARP
The SRA proposals to scrap the Assigned Risks Pool (ARP) will come as welcome news to insurers, according to law firm Beachcroft. Mike Willis, professional risks partner at Beachcroft said ‘The proposals come as the number of firms in the ARP..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010
SRA’s Assigned Risks Pool consultation
The Solicitors Regulation Authority’s (SRA) has announced a consultation paper seeking the views of consumers, the legal profession, insurers, and the public on options for radical changes to the SRA’s Assigned Risks Pool (ARP) –..
Online Published Date:
15 January 2010
Appeared in issue:
233 - 01 January 2010