- Practice Areas
- Publication Type
- Resources
- Practice Areas
- Publication Type
- Resources
- Home/Publications/Liability Risk and Insurance
SVB appointment at Novae Underwriting.
SVB Holdings has appointed Stuart Quinlan to the newly-created post of underwriting development director, with responsibility for regional and London market business, at its specialist liability subsidiary, Novae Underwriting.
In addition, Dominick..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Aspen expands in London Market
Aspen Insurance UK is planning to expand its London market insurance portfolio. The company, a subsidiary of Bermuda-based insurer and reinsurer Aspen Insurance Group, is to establish a new underwriting team headed by marine liability specialist..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
PI product for secondary intermediaries from Hiscox
Hiscox Insurance Company has launched a new professional indemnity policy, specifically designed for the newly regulated market of Secondary Intermediaries.
From January 2005, the EU Insurance Mediation Directive (IMD) comes into effect, which will..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Financial strength of UK insurers
A new study released by Oxford Metrica presents an analysis of the financial strength of the largest 10 providers of commercial insurance to businesses in the UK.
Table 1 shows the largest 10 such insurers - the Top10 portfolio - and the long-term..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
XL Europe offers primary D&O in Europe
XL Europe Limited has announced that XL’s worldwide professional lines operation, XL Insurance Professional, is to offer primary directors’ & officers’ (D&O) liability insurance coverage in Europe in addition to its..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Insurance protection for limited-liability partnerships
There has been an increase in the number of UK law firms who are buying insurance protection for the personal financial exposures of limited-liability partnerships (LLPs), according to Jardine Lloyd Thompson (JLT).
LLPs have become increasingly..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
R&SA focuses on stress claims
Royal & SunAlliance (R&SA) has warned British businesses that ignoring the increasing trend in workplace stress claims would be at their peril. Although stress claims at present only account for around 2.5% of employer’s liability..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
ABI on climate change for insurers
The Association of British Insurers (ABI) has published a report on climate change, in which it says that “action to manage climate change risks can help ensure that widespread insurance cover remains readily available.”
The report,..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Asbestos threat reducing
The asbestos threat for insurers is not as great as it once was, according to Glenn Brace, claims director of Lloyd’s run-off vehicle Equitas. Mr Brace told a Lloyd’s Members Association conference in London that the atmosphere in which..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Equitas raises asbestos provisions
Lloyd’s run-off vehicle Equitas has raised its provisions to cover asbestos-related claims again. Equitas’ gross asbestos reserves were boosted by £296mn to £4bn in the year to end-March. Equitas also said that it had reached..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
RLS – the new RSI?
Liability, Risk and Insurance is always keen to keep up with the latest liability issues, and in particular, potential new occupational illnesses. So when a new disorder is revealed, we get excited. And when it is called a syndrome, we know we are..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Alternative Dispute Resolution – Plus Ça Change?
By James Deacon, Beachcroft Wansbroughs
In the joined cases of Halsey v Milton Keynes General NHS Trust
and Steel v Joy and Halliday
[2004] EWCA (Civ) 576, the Court of Appeal gave guidance as to when it is appropriate to impose a costs sanction..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Gulf War syndrome inquiry announced
There is to be an independent inquiry into the issue of Gulf War syndrome, in which British troops reportedly suffered ill health after the first Gulf War, believed to have been caused by vaccines or exposure to chemicals.
The inquiry will be headed..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Claims Direct to rise again
Law firm Russell Jones & Walker, which bought the rights to the Claims Direct brand, says it is overseeing the rebirth of the company. In the run up to its launch, Claims Direct has taken on 16 employees in a call centre in Birmingham. RJW said..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
“Claims farmers” given last warning
An investigation by the BBC into “ambulance-chasing claims farmers has resulted in a promise of government intervention unless they clean up their act. Constitutional Affairs minister, David Lammy, said he had given the operatives a final..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Reform of “no win, no fee” proposals
The government has published proposals to reform “no win, no fee” arrangements. The consultation paper, “Making simple CFAs a reality,” sets out proposals to make conditional fee agreements more transparent and provide a..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Risk manager’s warning over legal expenses
AIRMIC deputy chairman-elect Peter Berring has warned that legal expenses are pushing up the cost of liability claims, which are threatening to get out of control. He told a workshop at the recent AIRMIC conference, “I have no objection to..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Drivers in the dark over cover
A new study from Norwich Union has revealed that three-quarters of motorists don’t fully understand the details of what their policy does and doesn’t cover.
For example, four in five people mistakenly think they’re covered for..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
CRE to act against police forces over race equality schemes
Trevor Phillips, chair of the Commission for Racial Equality, has announced his intention to commence enforcement action against 14 police forces and eight police authorities. This follows the publication of interim findings of the CRE’s..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
EL guidance for public sector
The Department for Work & Pensions (DWP) has issued new guidance which it says will help public sector procurement heads ensure that contractors and subcontractors have complied with employers' liability compulsory insurance.
The guidance..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Claims against highways authorities on the up
Zurich Municipal has revealed that the number of claims against highways authorities have increased by 58% over the last five years (1998-2002). The insurer points out that if the cost of highways claims is reduced by just 10% per annum, £50mn..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
School trips cancelled if too sunny
In yet another example of the fear of litigation, a council is reported to have advised head teachers to consider cancelling school trips and sports days if the weather is too sunny.
The reason was that pupils risk skin cancer if they spend lengthy..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Local authorities not ready for Disability Discrimination Act
The Disability Rights Commission (DRC) claims that many local authorities are taking little notice of new disability duties and that thousands of disabled people will be unable to use key services from October this year.
New duties under the..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Misleading advice from financial services industry
Poor advice and questionable sales tactics are still rife in the financial services industry, says Which? magazine, following a year-long undercover investigation.
Researchers posing as first-time home-buyers visited banks, building societies and..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Time bar for mortgage mis-selling claims
Placing time bars on claims for endowment mortgage misselling are necessary if the rights of financial services companies are to be balanced with those of consumers, according to law firm Reynolds Porter Chamberlain (RPC).
The firm points out that..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
No change to Criminal Injuries Compensation Authority
The government has rejected a proposal to alter the scheme for compensating victims of crime at work. The move was rejected following pressure from industry groups and trade unions.
The government decided not to proceed with plans to change the..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
DTI research on employment tribunals
The Department of Trade and Industry has revealed that over eight in ten employers (84%) in London worry about the financial implications of being taken to an employment tribunal and over three quarters (79%) are concerned about the damage it could..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Teachers and police top stress list
Teachers, police officers, social workers, paramedics, call centre staff and prison officers are the six most stressful jobs in the UK, according to new research from business psychology company Robertson Cooper. The least stressed occupations are..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Eight in ten fail to manage work-related stress
A survey by Croner has found that nearly eight in 10 employers are failing to manage the main factors identified by the HSE known to cause stress at work. Seventy-nine per cent of health and safety professionals polled by Croner have not taken any..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Waste industry accident rate over four times national rate
Incidents rates in the waste industry are higher than those in construction according to research published yesterday by the Health and Safety Executive (HSE).
“Mapping health and safety standards in the UK waste industry,” shows that..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Air France claims against Paris airport
Air France is reported to be seeking compensation from Aeroports de Paris (ADP) for losses linked to the collapse of a terminal roof at Charles de Gaulle Airport. The amount is believed to be a few million euros.
A terminal used by Air France was..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Fund to pay around $6.5bn
The US government’s September 11 Victim Compensation Fund has said that it expects to pay between $6.5bn and $6.8bn to more than 5,000 families. The Fund has now processed all applications from families of victims of the terrorist..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Food industry tactics same as tobacco industry
Researchers have stressed that global strategies similar to those used against the tobacco industry are needed to tackle the obesity epidemic. The researchers said in the British Medical Journal that diets across the globe are being shaped by a..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
BMA calls for end to junk food advertising
The British Medical Association’s (BMA) Annual Conference of Public Health Medicine has called on the government to ban television advertising of junk foods before the watershed, and on all channels aimed at children.
Dr Peter Tiplady,..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Doctor sues doctors over peer review of testimony
A California physician has sued the Florida Medical Association (FMA) and three individual doctors, seeking an end to a scheme that inhibits doctors from testifying against other doctors in medical malpractice suits.
The physician is seeking damages..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
US study into workplace smoking
A new study by Stanford University School of Medicine has found that “stubbing out smoking in all American workplaces would prevent hundreds of deaths -primarily among those exposed to secondhand smoke -and save tens of millions of dollars in..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
UK businesses in breach of asbestos laws
Most UK businesses are in breach of the new asbestos regulations that came into force recently, apparently unaware that failure to comply could have serious consequences. This is according to Justin Martin, risk solutions manager of loss adjusters,..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
No to ban, but use courts
Media reports say that the UK government has implied that employees in Northern Ireland should sue their employers in order to get a smoke-free workplace.
After a Sinn Fein assembly member called for a ban on smoking in the workplace, Health..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
WHO cancer agency on smoking
The International Agency for Research on Cancer has reviewed all published evidence related to tobacco smoking and cancer, both active and involuntary. “While its conclusions unsurprisingly confirm the cancer-causing effects of active smoking,..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Public want end to smoking in the workplace
A new survey from MORI, commissioned by Action on Smoking and Health, has found overwhelming public support for a new law to end all smoking in the workplace - like those recently introduced in Ireland and Norway.
The survey about public attitudes..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
New York law on fire-safe cigarettes
The Wall Street Journal has reported that a new law has come into effect in New York which requires all cigarettes sold in the state to meet fire-safety standards that will make them extinguish themselves more quickly than conventional..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Skin cancer risk ignored by tanning outlets
The sunbed industry is ignoring warnings by the World Health Organisation and Cancer Research UK about sunbed use despite the incidence of skin cancer doubling in the last ten years, according to Which? magazine.
Ten cases are now diagnosed per..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Formaldehyde carcinogenic to humans
Scientists have concluded that there is now sufficient evidence that formaldehyde causes nasopharyngeal cancer in humans, a rare cancer in developed countries.
Dr Peter Boyle, director of the International Agency for Research on Cancer (IARC), part..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
No liability for council over window locks
The case involved a four year old child who fell out of a first floor window. The council had refused to fit window locks on the grounds of fire regulations. After the accident, the council fitted a safety catch, which the original judge said would..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Reinstatement with demotion is not dismissal
The Court of Appeal dismissed an appeal by an employee against the decision of the employment tribunal which ruled that he had not been dismissed by his employer.
Following a disciplinary hearing, the dismissed employee appealed to the..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Tribunals must give adequate reasons for decisions
The Employment Appeal Tribunal dismissed an appeal by the claimant against a decision by an employment tribunal to strike out her claim for unfair constructive dismissal. It ruled that the practice and guidance set out in English v Emery Reimbold..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Employment tribunals should reach unanimous decisions
The Court of Appeal said that it was desirable for an employment tribunal to reach its decision unanimously, especially in cases alleging unfair dismissal. The Court of Appeal allowed an appeal from the Employment Appeal Tribunal which had dismissed..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Appeal Tribunal wrong to call decision perverse
The Court of Appeal ruled that the Employment Appeal Tribunal erred in law when it set aside a decision of an employment tribunal on the ground that it was perverse, refused to remit the case for a rehearing and substituted its own conclusion on..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
No defence of combat immunity when peace-keeping
The judge ruled that in the absence of any imminent attack or threat of attack, no defence of combat immunity was available where the British Army had negligently caused injury while peace-keeping.
The claim for damages for negligence related to..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Cost of investment advice not recoverable
As part of a claim for damages, the claimant sought to recover the cost of investment advice and fund management charges, for the investment management of his award.
The court held that when the Lord Chancellor fixed the discount rate at 2.5% he did..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Repair does not mean work equipment
The case involved a man who was injured in the course of his employment as he attempted to undo one the wheel nuts of a police dog van. The man sued the police commissioner and the police authority for damages, under the Provision and Use of Work..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Dyslexia claim statute-barred
The case involved an adult who discovered that he was dyslexic only through a chance meeting with an educational psychologist. He had issued proceedings for damages against his former schools for failure to diagnose and address that condition.
The..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Lifting an automatic stay pre CPR
The court should stand back and assess the overall significance and weight of all the relevant circumstances when determining whether to lift an automatic stay imposed upon proceedings issued before the coming into force of the Civil Procedure..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Latex allergy nurse wins £350,000
A woman who developed a life-threatening allergy to latex while working at two different hospitals has been awarded more than £350,000. The court added £114,193 worth of punitive interest on top of an original award for compensation of..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Eye injury settled out of court
A worker who was hit in the eye by a metal peg has received £2700 compensation in an out-of-court settlement. The incident left him with a painful and damaged eye that still causes problems three years later.
The man was working as a machine..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Sexual harassment case settled for $1m
The US Equal Employment Opportunity Commission (EEOC) has announced a $1m settlement of an employment discrimination lawsuit against Airguide Corporation and Pioneer Metals.
The suit said that three former female employees at the companies’..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Damages for loss of leg
A woman has received compensation for the loss of her lower leg following a car crash. She also suffered psychological problems because the accident happened just outside her front door, where she was hit by a speeding car.
Compensation of..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Thalassaemia couple in settlement
The parents of a child born with the life threatening inherited blood disorder, thalassaemia, have settled out of court with their local health authority for £180,000 plus costs. The couple’s local hospital failed to identify them as..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Damages for coil woman
A woman has received £13,000 damages plus costs, recognising that her coil should have been detected and removed much earlier. The “forgotten” coil, which remained in place for 23 years after the birth of her baby, caused her..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Sikh council worker wins racial discrimination case
The Court of Appeal has awarded £44,777 to a Sikh council worker for the racial discrimination he suffered. After four years and four court hearings the Court of Appeal has upheld unanimously an employment tribunal ruling, which was also..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Family of suicide woman win £235,000
Damages of £235,000 have been awarded to a the family of a woman who was found dead just 15 days after being let out of a psychiatric ward. The woman went to the hospital with severe post-natal depression, but was released after the hospital..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
£1mn damages for Hatfield victim
The family of one of the victims of the Hatfield rail crash has received £1mn damages. The settlement was made at the High Court, and Railtrack admitted liability for the crash. Four passengers died in the rail crash in 2000 in which an express..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Ford to pay $368mn in damages
Car manufacturer Ford has been ordered to pay $368mn in damages to a woman who was paralysed when her Explorer sports-utility vehicle rolled over. The award was made by a jury and is said to be the second largest against a car maker.
The award..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Abused group win £500,000
Twenty-nine people who were sexually abused at two children’s homes have received compensation totalling £500,000 from the council which ran the two homes.
An employee at the homes was jailed seven years ago for child abuse. He had abused..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Injured royal coachman gets £720,000
A former Royal Coachman has received £720,000 in a settlement after he was injured in a riding accident while preparing a team of horses for a state visit. He was thrown from a horse that it later transpired was volatile and inexperienced.
The..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Assaulted by a vacuum cleaner
A vacuum cleaner has appeared in court accused of common assault. The vacuum cleaner apparently wrestled with its owner before throwing him down the stairs.
The owner fell down the stairs after the extension hose came off as he cleaned the ceiling..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Bus driver with cancer wins unfair dismissal
A bus driver has won compensation from his bus firm after claiming unfair dismissal. The man was sacked after being off sick for four months during which time he was being treated for cancer.
The amount of compensation in the settlement was not..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Stockline Disaster Group reformed
A group has been formed seeking compensation for the victims of the recent factory explosion in Glasgow. The disaster caused the deaths of nine people, and injured many other workers.
The Stockline Disaster Group (SDG) has been launched to act on..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Damages for crushed hand
A worker who prevented an accident and injury to his workmates has received damages for the injury he sustained during the incident. The man’s hand was crushed in the incident as he acted to prevent metalwork collapsing onto his colleagues.
He..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Dance injury was accident
A woman has failed in her claim for damages after she broke her arm when she slipped on a dance-floor while taking part in Scottish country dancing.
The woman had sued the hotel which held the farmer’s ball, claiming the surface of the..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Largest employment-practices lawsuit in US history
A federal court in the US has allowed a class-action workplace-discrimination lawsuit to proceed against WalMart. It will be the largest employment-practices lawsuit in US history, covering approximately 1.6 million women employees. The action was..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Eye surgeon wins claim for eye injury
An NHS Trust has been found liable for an injury caused to an eye surgeon. The injury to his retina was caused by a faulty laser. The surgeon is claiming provisional damages on the basis that his eyesight is not materially affected and he can still..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Merrill Lynch sex discrimination case adjourned
The Merrill Lynch sex discrimination claim of £7.5mn ($13.8mn) has been adjourned until the end of August. Former banker Stephanie Villalba, who is claiming sexual discrimination, unfair dismissal and unequal pay, told a tribunal in London she..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Electrical goods salesman bullied
A salesman has claimed that he, together with other staff, was bullied and pressurised to meet targets selling extras to electrical goods. The employment tribunal was told that the man had been facing a disciplinary hearing for failing to meet his..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Murder witness wins damages
A man who witnessed the stabbing to death of an inmate at a young offenders institute has been awarded damages. The man was working at the institute as a chef and was the only witness to the murder. The man had to seek medical help and give up his..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
No compensation for sexual abuse
A man who was sexually abused at a children’s home has been told by a judge that he cannot receive compensation. The man suffered five years of abuse from a worker at the home who had convictions of sexual assault on children in Ireland.
But..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Contractors liable for tunnelling claims
The High Court has ruled that contractors employed in tunnelling work by British Coal from the late 1950s should shoulder 30% of the cost of the government’s £3.5bn bill for compensating ex-miners who damaged their lungs while working..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004
Government announces fixed success fees
The government has announced a new scheme, under which more than 100,000 consumers making claims for personal injury in road accidents under “no win, no fee” arrangements will benefit from quicker and more predictable settlements.
The..
Online Published Date:
01 July 2004
Appeared in issue:
167 - 01 July 2004