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Employment tribunal jurisdiction
The employment tribunal had jurisdiction to hear discrimination and unfair dismissal claims brought by claimants who had been employed by the Ministry of Defence (MoD) in the British section of international schools in Belgium and the..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Conditional fee agreements and costs
A successful claimant was entitled to seek costs that included a success fee under a conditional fee agreement, where the agreement had been entered into between the claimant’s insurers and the lawyers acting for him and the applicable..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Employment Appeal Tribunal decides questions of law
It bore repetition that in unfair dismissal disputes it was for the employer to take the decision whether or not to dismiss an employee; for the employment tribunal to find the facts and decide whether, on an objective basis, the dismissal was fair..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Supreme Court holds employers liable for low-level exposure to asbestos By Fiona Gill and Margaret Thomas, Davies Arnold Cooper.
By Fiona Gill and Margaret Thomas, Davies Arnold Cooper
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Damages for slip and trip injuries
A man who injured his wrist has received £20,000 in compensation. He was visiting a family member at his local hospital. As he was walking along the main hospital corridor, he slipped and injured his wrist. The injuries meant he was unable to..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Irwin Mitchell survey on scrapping of default retirement age
According to a survey by law firm Irwin Mitchell, more than half (57%) of businesses believe the imminent scrapping of the default retirement age (DRA) will lead to an increase in the number of tribunal claims over the next 12 months – despite..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
£6m for brain damage at birth
A man who suffered severe brain damage as a result of hospital failures has received a settlement of more than £6m. He has cerebral palsy caused by oxygen starvation at birth. A lump sum of more than £2.75m plus annual payments was agreed...
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
£9,000 in compensation for fall at work
A man who was injured after a fall at work has received £9,000 in compensation. The bricklayer was working on the upper floor of a property refurbishment. While he was working, part of the floor on which he was working collapsed. He fell..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Damages for road traffic accidents
A man injured in a road traffic accident has received £5,000 in compensation. He was left with an injury to his arm, which forced him to take time off work. He had been knocked off his motorbike by another motorist. The case was settled out of..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
£50,000 in compensation for road injury
The family of a pensioner who was left seriously injured after being knocked down by a lorry while shopping has received £50,000 in compensation, just six months after she died. The woman, who was in her 80s, was crossing a road when a large..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Aon’s Airline Insurance Market Outlook 2011
According to the Aon Airline Insurance Market Outlook 2011, premium rose in line with industry growth in 2010, 4% more premium from 2009 and 10% more risk exposure based on passenger numbers, with rates, represented by the cost of insurance per..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
£80,000 damages for broken hip
A paraplegic who broke his hip when he was flung out of his wheelchair after it hit a pothole has received £80,000 in compensation. He was returning home from a night out at a concert with his brother when the accident happened. The..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
£16,500 award for knee injury
A civil servant who suffered a serious knee injury when a faulty lift at the Ministry of Defence (MoD) went into free fall has received £16,500. An inspection report showed the lift had previously had 43 faults but it was not replaced. The lift..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
£25,000 in compensation for hand injury
A man who was injured at work has received £25,000 in compensation. He was working with a saw blade at work when his hand slipped, causing the injury to his hand. His lawyer argued the accident at work was caused because the man had not..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
£7m for brain damage at birth
The family of a young boy who suffered severe brain damage as a result of hospital failures have received a settlement of more than £7m. He has cerebral palsy as a result of mistakes made after his birth. The NHS Trust admitted liability for..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
£100,000 in compensation for eye injury
A former painter and decorator who was nearly blinded in one eye after an accident at work has been awarded £100,000 in compensation. He was carrying out decorating work at a department store in London at the time of the incident. A..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Ministry of Justice publishes civil justice system reform plans
The government has published its proposals for reform of the civil justice system in England and Wales to a chorus of support from insurers and disapproval from plaintiff lawyers. This response is not surprising. The debate over the need for reform..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Acas council welcomes government proposal on early conciliation
The Acas council has welcomed the government’s proposal for all potential employment tribunal claims to be offered early conciliation with Acas first. In its submission to the government’s consultation document “Resolving workplace..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Asbestos awards for brothers in Australia
Two brothers, living in Australia, who developed asbestos diseases after they worked together for several years in the shipbuilding industry in Belfast, have received damages. One of the brothers contracted lung cancer and the other developed..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
£60,000 in compensation for broken elbow
A man who broke his elbow after a fall at work has received £60,000 in compensation after he was left unable to do his job properly. He needed three operations on his elbow after he tripped on a pothole while working on a job. He was forced to..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
The Supreme Court of the United Kingdom: Mesothelioma Appeals
Sienkiewicz (Administratrix of the Estate of Enid Costello) (Respondent) v Greif (UK) Ltd (Appellant)
Knowsley Metropolitan Borough Council (Appellant) v Willmore (Respondent) [2011] UKSC 10
On appeal from the Court of Appeal [2009] EWCA Civ 1159..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
No contributory negligence for the torts of assault and battery
Where a claimant sued a defendant for damages for the torts of assault and battery then, as a matter of law, the defendant could not assert there had been contributory negligence on the part of the claimant such that any damages awarded in respect..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
£3,175 in damages for back injury
A man who damaged his back in a workplace accident has received £3,175 in damages. The man, a train driver, was forced to take six weeks off work after he damaged his back while trying to open a faulty roller door to access fuel pumps...
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Transport committee – Fourth Report: The cost of motor insurance
Motor insurance premiums are rising rapidly, despite the long-term trend towards there being fewer casualties from road accidents. Young drivers in particular must pay especially large insurance premiums.
The high cost of motor insurance can cause a..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
£225,000 for leg and ankle injury
A man who broke his leg and injured his ankle has been awarded compensation of £225,000. The man was employed as a fencer when he was involved in an accident at work. His leg was run over by a crane and as a result he suffered a very serious..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
£26,000 for clinical negligence claim
An elderly man who made a hospital negligence claim after a series of errors left him requiring additional operations has received £26,000 in damages. He had suffered serious pain in his gall bladder caused by gall stones. He was admitted to..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
£60,000 in compensation for Carpal Tunnel Syndrome
A council worker whose hands have been permanently damaged after using vibrating tools at work has received £60,000 in compensation. The landscape gardener has been forced to work a three-day week after developing Carpal Tunnel Syndrome. He..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
£650,000 in damages for road traffic accident
A man who broke his spine in three places in a road traffic collision has received more than £650,000 in damages after doctors sent him home from hospital saying he was merely suffering with whiplash. The man, who had pre-existing spinal cord..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
£1.3m food poisoning claim settled
A man who was left disable as a result of salmonella poisoning has been awarded £1.3m in compensation. He contracted salmonella from food consumed from a local takeaway. He became so ill as a result he was left permanently disabled and now..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
ELTO ready to accept policy records from members
The Employers’ Liability Tracing Office (ELTO) said it is now able to start accepting data from insurer members for upload to the Employers’ Liability Database (ELD). Insurers are testing their systems to make sure their data loads on to..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
US Supreme Court to decide on immunity for generic drug industry
If the US Supreme Court grants the generic drug industry immunity for failing to warn of their drugs’ possible side- effects, patients will face a much greater risk in suffering injuries, according to the American Association for Justice..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
£370,000 compensation for motorbike accident
A man has been awarded £370,000 compensation in a settlement after a motorbike accident left him with severe injuries, forcing him to retire early. He was left with serious injuries to his shoulder, neck and right arm and temporarily lost full..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
ABI responds to Government proposals on civil litigation reform Civil Litigation Reform: Insurers’ response
The Association of British Insurers (ABI) said the government announcement on civil litigation reform “will put the brake on runaway legal costs and mean a better deal for genuine claimants and insurance customers.” The ABI has been..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
House of Commons Transport Committee report on cost of motor insurance
Fraud is one of the main factors driving up the cost of motor insurance, according to the cross-party transport committee at the House of Commons. Wider access to justice should not provide a licence to make false personal injury claims under car..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
UCATT says protective equipment lawsbeing ignored
Construction union UCATT said it has exposed the growing problem of employment agencies ignoring safety laws on protective equipment and has called for the Health and Safety Executive (HSE) to take action on the matter. UCATT said its officials have..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
XL expands product recall team in UK and US
XL Insurance has announced the expansion of its product recall team with new underwriters in New York and London. The move follows increasing demand for food and beverage product contamination cover, especially for North American companies, with the..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Northern Ireland Assembly restores pleural plaques claim right
The Northern Ireland Assembly has passed the Damages (Asbestos Related Conditions) Bill NI, which restores the right to claim compensation for pleural plaques. The right to claim compensation for pleural plaques was ended by the House of Lords in..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
APIL seeks judicial review over lack of discount rate review
The Association of Personal Injury Lawyers (APIL) has taken legal action after the Lord Chancellor failed to review the discount rate. APIL has issued proceedings for a judicial review after the Lord Chancellor, despite stating last year a review..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Government reveals changes to Britain’s health and safety system
Health and safety regulation will focus on high-hazard sites and tackling rogue employers and consultants, not tying up the vast majority of Britain’s businesses in unnecessary red tape and regulations, according to employment minister, Chris..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
UK Bill of Rights commission announced
An independent commission to investigate the case for a UK Bill of Rights has been launched by deputy prime minister, Nick Clegg, and secretary of state for justice, Kenneth Clarke. The commission, to be headed by former permanent secretary, Sir..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Cost of motor insurance report ‘a missed opportunity’, ABI says
The Association of British Insurers (ABI) called the House of Commons transport committee’s report into the cost of motor insurance, a “missed opportunity”.
Nick Starling, director of general insurance and health at the ABI, said:..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Law Society welcomes justice select committee conclusion
The Law Society has welcomed the conclusion of the justice select committee, which said the government’s proposals for cutting the legal aid budget need “considerable further refinement” and theMinistry of Justice should assess the..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
ISO launches Casualty Index in US
ISO, a provider of property/casualty insurance risk information, has launched the ISO Casualty Index, a service providing loss ratio and loss development trends for select lines of casualty insurance.
The index is based on ISO’s statistical..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Bar Council to explore viability of Contingency Legal Aid Fund
The Bar Council has established a working group to explore the viability of a Contingency Legal Aid Fund (CLAF) in the wake of the government’s response to its consultation on civil litigation costs. Alongside the formation of the new group,..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Law Society responds to government proposals on legal aid
The Law Society has said although Lord Justice Jackson’s report made it clear the proposals could not be “cherry picked” and the provision of an effective legal aid system was “a given”, this appears to have been..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Thompsons responds to government proposals on civil justice
The proposals announced by justice secretary, Ken Clarke, will boost insurance companies’ profits, disenfranchise thousands of people who have a genuine personal injury claim and not save the government any money, according to law firm..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
£6,500 in compensation for broken ankle
A man who fractured his ankle when he stepped into an uncovered drainage gully has received £6,500 in compensation. The gully should have been covered by a metal grill, but had been left in a state of disrepair. The man received treatment for a..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Claims Standards Council responds to government proposals on civil justice
The Claims Standards Council (CSC) said, following the close of the consultation on February 14, it was totally bewildered by the recent government announcement on reform of the civil justice system, bearing in mind the Ministry of Justice had..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Unions respond to H&S proposals
TUC general secretary, Brendan Barber, said: “Employers need to know there is the possibility of a safety inspector visiting, otherwise there will be no incentive for them to ensure they are protecting their workers. Removing proactive..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
£12,500 in compensation for bus injury
A man who broke his wrist when a bus caused him to fall has received £12,500 in compensation. He was injured when travelling on a bus; he fell when the bus braked suddenly. He required physiotherapy and some time off work due to the road..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Survey reveals marked deterioration in local road condition
The16th annual local authority road maintenance (Alarm) survey, conducted on behalf of the Asphalt IndustryAlliance (AIA), has confirmed a marked deterioration in the condition of local roads, with the number of potholes over the past year tipping..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Kiln to write general liability risks
Kiln has launched a new liability function to underwrite and support general liability risks. The new product line, which will be led by Chris Jones, will initially focus on writing primary and excess business in the open market, as well as..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
£62,500 compensation for burns injury
A young woman who suffered burns and psychological harm after an accident at work has received £62,500 in compensation. She worked in catering at her local nursing home. She was injured when the oven in the kitchen exploded as she attempted to..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
RAC report: 'Tackling the Deficit, Where Next
for Road Safety?'
Britain should be braced for a possible increase in the number of road deaths because of cuts to the road safety budget and traffic growth caused by economic recovery, according to a report called “Tackling the Deficit, Where Next for Road..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
One in six workers feels discriminated against in workplace
A new study from the Employers Forum on Age (EFA) has revealed one in six (16%) workers feels they have been discriminated against when applying for a job or promotion at some point during their career because of favouritism in the workplace.
The..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011
Supreme Court decision affects experts in civil
proceedings
The Supreme Court has given a judgement that will affect accountants who act as experts in civil proceedings, either as expert forensic accountants in commercial litigation cases or on an ad hoc basis such as advisers in tax or audit negligence..
Online Published Date:
26 April 2011
Appeared in issue:
248 - 27 April 2011