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Scientific research: very large pinch of salt required
Issues affecting liability and risk regularly appear in the national media. Often the stories are based on a piece of research published in an august scientific journal, with professors and scientists from universities around the world to back up..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
£6mn in compensation for cerebral palsy
A boy who was left with a severe head injury due to irregularities at his birth has been awarded £6mn in compensation. The boy sustained permanent brain damage and developed cerebral palsy due to the fact his delivery was mismanaged and he was..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
HPA review into E.coli outbreaks at petting farms
A Health Protection Agency (HPA) review has found there were 55 outbreaks of gastrointestinal disease linked to petting farms between 1992 to 2009 in England and Wales. Although the overall risk of infection is low in light of the millions of farm..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
Cancer patients have five-fold increased risk of developing listeria
Research by the Health Protection Agency (HPA) has shown cancer patients are five times more likely to develop listeria than people with other underlying conditions - and those with cancers of the blood have the greatest risk. The findings were..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
Consumer Justice Alliance responds to government consultation
The Consumer Justice Alliance (CJA), a group formed to campaign on the impact that the Lord Justice Jackson (Jackson) proposals on civil litigation costs and funding will have on injured victims, has submitted its response to the government’s..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
BBC spent £600,000 plus dealing with employment tribunal claims
Media reports have suggested the BBC paid out more than £600,000 last year dealing with employment tribunal claims. A total of £379,125 went in payments to aggrieved staff to settle cases and a further £203,627 was spent in external..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
Lawyer warning about tribunal claim fees
An employment lawyer has warned a delicate balance needs to be struck if fees are to be introduced for those who are pursuing tribunal claims against employers.
According to Irwin Mitchell, reports have revealed many businesses are keen on such fees..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
European Working Conditions Survey results published
The first results of the fifth European Working Conditions Survey have been released by the Dublin-based European Foundation for the Improvement of Living and Working Conditions (Eurofound). 84% of EU-27 workers report they are satisfied or very..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
Beachcroft restructures claims division
Law firm Beachcroft has restructured its claims division, creating a new senior management team and establishing 11 specialist product lines. Under the new management structure, James Morris becomes chairman of claims solutions. Duncan Rutter has..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
GPs report surge in numbers of exaggerated claims for personal injury
The medical profession has seen a surge in the number of people attempting to unfairly claim compensation from exaggerated or invented injuries over the past two years, fuelled by a growing personal injury advertising and marketing industry. This is..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
Costs of occupational asthma in the UK
New research in the journal Thorax has suggested the financial impact of asthma brought on by working conditions in the UK could be up to £135mn a year. The study, ‘Costs of occupational asthma in the UK’, was carried out by..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
NHS pays £200,000 in compensation for contraceptive implant
The NHS has paid out nearly £200,000 in compensation to women who have become pregnant or been injured by a contraceptive implant called Implanon, according to Channel 4 News. Figures obtained by Channel 4 News have revealed that 584 women who..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
DAS attacks Jackson over comments on cost deductions
Lord Justice Jackson, who is responsible for proposals to reform civil litigation costs, has described as ‘grotesque’ the funding arrangements in a case which allowed the claimant’s solicitor to deduct costs from its client’s..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
£500,000 in compensation for medical negligence
The family of a man who died after suffering a seizure has received £500,000 in compensation. He was taking Citalopram, an anti-depressant. He wanted to give up smoking and visited his GP, who prescribed Zyban. He consequently developed a rash..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
£7850 compensation for shoulder injury and hernia
A Department for Work and Pensions (DWP) employee has received £7850 compensation for a shoulder injury and hernia. As a result of the pain from her injuries, she was unable to raise her arm and was not able to sleep. She had to undergo surgery..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
£367,500 in compensation for crushed wrist
A labourer who was left unable to work after his wrist was crushed by a large piece of falling metal has received £367,500 in compensation. The man was standing in a container whose floor was littered with sections of metal. While unhooking a..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
Toyota in record fine for vehicle recalls
Toyota is reported to have been fined a record $32.4mn by the US government for its failure to act quickly enough in recalling millions of vehicles with faulty brakes and steering. The fines are the maximum allowed by US law. This is the second..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
American Tort Reform Association publishes Judicial Hellholes report
The American Tort Reform Association (ATRA) has published its annual Judicial Hellholes report, naming civil courts in Philadelphia; California’s Los Angeles and Humboldt counties; West Virginia; South Florida; Cook County, Illinois; and Clark..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
£9mn settlement for brain injury during birth
A girl who sustained a brain injury during her birth has received a settlement of £9mn. She will require professional medical care for the rest of her life after she was born 20 minutes after her twin. As a result of her delayed birth, she now..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
No adjournment to wait for review of the discount rate
The High Court has rejected an application to adjourn the computation of damages for future losses pending review of the discount rate. The judge confirmed the High Court was required to apply the law as it stood.
Following judgment in Helmot v..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
Report into how obesity increases risk of disabling workplace injuries
A research brief by the US National Council on Compensation Insurance has examined ‘How Obesity Increases The Risk Of Disabling Workplace Injuries’. The authors pointed to the increase in obesity in the US and said, ‘Intuitively,..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
Call for more research into industrial deafness
An injury lawyer at Irwin Mitchell has called for further research to be carried out that could help to cut the number of employees who suffer deafness as a result of their working environment.
Mark Allen, an associate director at Irwin Mitchell,..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
Settlement totalling £750,000 for ‘toxic sofas’ victims
Consumers whose claims for compensation for burns from ‘toxic sofas’ were rejected by the High Court earlier this year have won a settlement totalling £750,000, a few weeks before the Court of Appeal was due to hear their appeal...
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
SRA proposes to remove single PI renewal date
The Solicitors Regulation Authority (SRA) is proposing to remove the single renewal date for professional indemnity (PI) insurance for firms from October 2011, so they can renew cover at any time of the year.
It also proposes to end mandatory cover..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
£50mn solicitors’ negligence claim dismissed
A solicitors’ negligence claim against law firm Mace & Jones has been completely dismissed. The judge emphatically rejected any negligence causative of loss and found no merit in the claim for loss of profits.
According to law firm..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
Claims Standards Council responds to government green paper
The Claims Standards Council (CSC) has responded to the green paper, ‘Proposals for Reform of Civil Litigation Funding and Costs in England and Wales’ with a submission to the Justice Select Committee.
According to the CSC, ‘Any..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
US Supreme Court to consider availability of pre-emption defence for generic drug manufacturers
By Lauren S. Colton and Allison J. Caplis Hogan Lovells
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
Children should be taught how to be risk-savvy says IOSH
Schools should be teaching children how to be risk-savvy rather than cancelling trips and adventure activities, according to the Institution of Occupational Safety and Health (IOSH). The Institution backs Government plans to simplify the process for..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
Survey finds quarter of Brits would not claim for workplace injury
A new study by the Association of Personal Injury Lawyers (APIL) has revealed despite the fact that 120,000 injuries were reported in the workplace in the last year, one quarter of those surveyed would not make a claim if they were seriously injured..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
£5.7mn in compensation for brain injury during birth
A man left brain damaged due to negligence during his birth has been awarded £5.7mn in compensation. He sustained severe head injuries during his delivery and is now wheelchair dependent. The 33-year-old man has been cared for by his parents..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
Research reveals increased use of X-rays in the UK
Greater use of X-rays over the last 10 years, including a 140% increase in CT examinations, has raised the annual radiation dose the UK public receives, Health Protection Agency (HPA) research has found.
Radiation scientists at the HPA have..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
Specialist contractors report lower injury rates
The National Specialist Contractors’ Council (NSCC) has reported lower fatal and major injury rates than the industry as a whole. The NSCC fatal injury rate was 0.6 per 100,000 workers, compared with the industry rate reported by the Health..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
Pankhurst v White and Motor Insurers’ Bureau
By Paul Wainwright and Roger Brooks, Berrymans Lace Mawer LLP
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
$1.62mn settlement in US pregnancy discrimination lawsuit
Akal Security Inc, the largest provider of contract security services to the US federal government, is to pay $1.62mn to a class of 26 female security guards, settling a pregnancy discrimination lawsuit filed by the US Equal Employment Opportunity..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
Increased limits on employment tribunal awards
The government has published the increased limits on certain employment tribunal awards, effective from 1 February. New limits for unfair dismissal and redundancy payments for payments and awards made to workers in certain employment rights cases..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
£9500 in damages for back injury
The failure to act on the advice of a doctor has cost a company £9500 in damages to a former employee. The employee’s GP had written to the company suggesting his back condition would worsen if he were asked to continue lifting heavy..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
£100,000 in compensation for roof fall injuries
A man who was left deaf in one ear after falling from a roof while at work has received £100,000 in compensation.The marine safety engineer had been required to climb up a ladder and on to the roof of an area used for storage. There were no..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
Report into third-party litigation funding
A major report into third-party litigation funding commissioned by law firm Fox Williams, has been published. Third- party funding is where investors that have no other connection with the litigation support legal claims in exchange for a financial..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
£115,000 settlement for mesothelioma
A former telecoms engineer who was diagnosed with mesothelioma after he was exposed to asbestos while installing phone lines has been awarded £115,000 in an out-of-court settlement. As a technician working for British Telecom from 1970 to 1991,..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
Amlin appoints professional lines class underwriter
Amlin has appointed Lloyd Fielder leading class underwriter to develop the firm’s Professional Lines business. Duncan Dale, head of property and casualty at Amlin London said: ‘We are extremely pleased that Lloyd has joined the property..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
HSE announces consultation on RIDDOR changes
The Health and Safety Executive (HSE) has agreed a plan for the publication of consultation documents on proposed changes to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).
In his report on health and safety,..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
£30,000 damages over police attack
A man has received £30,000 damages from the Metropolitan Police. He was working as a journalist covering the G20 protests on 1 April 2009 in the City of London. He had his press card clearly visible around his neck. An inspector in full riot..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
Argo International expands casualty team with two new underwriters
Specialist Lloyd’s insurer Argo International has expanded its casualty team with the appointment of two casualty underwriters. Giles Quartly joins as general liability class underwriter from Allianz Commercial, where he was most recently..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
P&I insurance market review from Willis
Investment income in the protection and indemnity (P&I) insurance market, which provides shipowners with marine legal liability coverage, bounced back to $680mn in 2009/10 after record losses cost the market $840mn in 2008/09.
This is according..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
Brit Insurance appoints PI class underwriter
Brit Insurance has appointed Mark Figes class underwriter, international professional indemnity. In his new role, he has assumed responsibility for the management and development of Brit Insurance’s international professional indemnity..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
Towers Watson survey sees rates declines in US
Overall commercial insurance prices in the US were flat for the seventh consecutive quarter, according to a survey by Towers Watson. According to the survey, Commercial Lines Insurance Pricing Survey (CLIPS), prices, in aggregate, declined by less..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
US plaintiff lawyers warning about toy hazards
Unforeseen hazards are still finding their way into toys despite recently improved safety standards, illustrating the need for a strong civil justice system that protects children and holds negligent manufacturers accountable, according to a new..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011
79 claimants win almost £1mn total damages over lung disease
Following a seven-year legal battle, 79 claimants who brought claims for compensation following the largest known outbreak of occupational lung disease have settled their claims in an out-of-court settlement. Powertrain Ltd was the engine-building..
Online Published Date:
26 January 2011
Appeared in issue:
245 - 24 January 2011