- Home/Publications/Liability Risk and Insurance
£130,000 out of court settlement for RTA
A motorcyclist who spent almost two months in hospital after he collided with an oncoming car has received £130,000 in an out of court settlement. An approaching car suddenly turned and cut across his path. He was given no time to react and..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
£140,000 for hip injury
A woman who had to give up her job after suffering a hip injury in an accident at work has received £140,000. She was working as a catering assistant at a West London hotel when she fell heavily onto a hard wooden floor when the chair she was..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
£7,000 in damages for scalding injury
A self-employed pipe fitter who was left with a nine inch scar on his thigh after he was scalded by boiling water has received over £7,000 in compensation. He was contracted to insert new pipe work in a manhole, and as he sat at the edge of the..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
£250,000 out of court settlement for moped rider
A moped rider who suffered serious leg injuries when he was knocked off his bike by a car has received £250,000 in an out of court settlement. The man was struck on his front left side by the car as it pulled out of the owner’s driveway...
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
£50,000 in medical negligence compensation
A woman has been awarded £50,000 in medical negligence compensation after undergoing an unnecessary operation. She underwent a hysterectomy after being told by doctors that she was suffering from cervical cancer. The cancer misdiagnosis came as..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
£58,000 in compensation for pelican crossing RTA
The owner of a specialist brewery who was forced to give up his hands’ on role in the business he had built up after he was hit by a car on a pelican crossing has received £58,000 in compensation. His legs were broken when, part way..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
£4,000 in compensation for trip
A civil servant who needed hospital treatment after falling at Gatwick Airport has received £4,000 in compensation. She tripped over loose wiring from a machine being used by security staff to take swab samples from passengers’ luggage...
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Research reveals 8% of cancer deaths are linked to occupation
Research published in the British Journal of Cancer Supplement into the incidence of cancers caused by work has revealed that more than 8% of all cancer deaths in men are due to occupational exposures, and for lung cancer, the most important..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Diesel engine exhaust classified as carcinogenic to humans
The International Agency for Research on Cancer (IARC), which is part of the World Health Organization (WHO), has classified diesel engine exhaust as carcinogenic to humans (Group 1), based on sufficient evidence that exposure is associated with an..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
£3,000 in hearing loss compensation
A former pottery worker has been awarded £3,000 in hearing loss compensation. He was exposed to excessive and dangerous levels of noise during the course of his employment that left him with damaged hearing. He was never offered earplugs.
A..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
£12,000 in damages for knee injury
A man who suffered a knee injury after a fall at work has received £12,000 in compensation. He twisted his knee after slipping on dangerous flooring. He was moving a 30 kilo wooden sawbuck when he suddenly slipped on the paint-treated floor,..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
HPA reports continued fall in X-rays radiation exposure
Radiation doses to patients from X-rays are continuing to fall, but there is still some variation in hospitals, a Health Protection Agency (HPA) study has found. For the past 25 years the Health Protection Agency and its predecessor body the..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
CAS positive outlook for US medical liability insurance sector
Decreases in frequency of claims among healthcare practitioners in the US, the stabilisation of claim severity trends, shifts in the medical profession, the impact of risk management training and advancements in patient safety are all contributors..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Employees to be offered settlement agreements
The Government has announced proposals to make it easier to get rid of underperforming staff as part of the Enterprise and Regulatory Reform Bill. Or as the Business Secretary, Vince Cable put it: “greater business flexibility and quicker..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Default judgment not a bar to liability finding
The entry of a default judgment against one of two defendants to a personal injury claim did not operate as a bar to a subsequent finding of liability against the other defendant when the claimant had not made an unequivocal election to only pursue..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
£2 million award for brain damage at birth
A girl who suffered severe brain damage during her delivery has received a lump sum award of £2 million together with indexed linked annual payments of £325,000 to cover her care and other special needs for the rest of her life. She..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Union calls for action on diesel fumes in workplace
The GMB has called for the Health & Safety Executive (HSE) to take urgent action to prevent deaths in many workplaces due to exposure to diesel fumes, following the IARC announcement that diesel is now listed as a proven human carcinogen. An HSE..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
£161,523 out of court settlement for RTA
A man who suffered a serious head injury following a collision has received £161,523 in an out of court settlement. The car he was a passenger in was involved in a collision with another vehicle. A car came around a bend towards them and..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
£245,000 in compensation for mesothelioma
A plumber diagnosed with mesothelioma has won more than £245,000 in compensation. He was exposed to asbestos while working as an apprentice plumber for a council. During his time at the council he worked on house and school maintenance..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
UNISON survey into health of call centre workers
The physical and mental health of the UK’s million call centre workers is at significant risk, despite health and safety regulations, a UNISON survey has found.
“The survey highlights the toll that pressurised, target-driven and..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
EU-OSHA identifies nanomaterials risk awareness gaps
There are serious gaps in our awareness of the potential risks involved in handling nanomaterials at work, and serious shortcomings in the way that those risks are communicated to workplaces, according to a new literature review from the European..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
£25,000 for slip injury
A factory worker who needed surgery on his wrist following a slip on oil at work has received £25,000. He needed three operations on his right wrist after he fell whilst working as a condenser repairman. He had to take six months in total off..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
£190,500 in compensation for elbow injury
A print factory worker who has been left with a long term injury and remains off work almost two years after injuring his elbow in a fall at work has received £190,500 in compensation. He was attempting to fix a problem with a roll of paper on..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
£250,000 in compensation for finger crush injuries
A brick layer whose fingers were crushed has received £250,000 in compensation. He suffered crush injuries to the index and middle fingers on his dominant right hand after he tripped on discarded plastic bindings whilst carrying a large brick..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
£4,900 compensation for trip
A railway worker who had complained to bosses about poor lighting in the yard and then subsequently hurt his wrist and knee when he tripped on discarded rails at night has received £4,900 compensation for his injuries. He had warned his bosses..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Surgeons advised not to use hip replacement product
The Medicines & Healthcare products Regulatory Agency (MHRA) has issued new advice to surgeons that they should not use a particular type of metal cup liner that is used in some metal-on-metal hip replacement operations.
A Medical Device Alert..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
WTC Program proposes addition of 50 cancer types
Around 50 different types of cancer should be added to the list of cancers, caused by the toxic ash that resulted from the collapse of the World Trade Center (WTC) on 9 September 2001, and eligible for compensation and free treatment, according to a..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
£75,000 out of court settlement for scaffold fall
A man who will need to have his heel reconstructed after a rotten scaffolding board collapsed beneath him has received £75,000 in an out of court settlement. The self-employed painter and decorator had been contracted by an architectural firm..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Law firm warning over surgical implant legal actions
Leigh Day & Co has warned that UK courts could see a wave of legal action following the announcement by Johnson & Johnson to withdraw from the market four vaginal mesh devices sold by their Ethicon Unit following hundreds of lawsuits being..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
£95,000 in damages for mesothelioma
The daughter of an electrician who died from mesothelioma after he was regularly exposed to asbestos through his work has received £95,000 in compensation. He worked for a firm as an electrician undertaking several short-term contracts for a..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Call for EC to speed up legislation on musculoskeletal risks
The European Trade Union Confederation (ETUC) has called for the European Commission “to assume political responsibility and submit without delay a draft directive (on musculoskeletal risks) to allow the Parliament and the Council of Ministers..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
£85,000 in RTA damages
A woman who had to be cut from the wreckage of her car after a van drove into her at a crossroads has received £85,000 in an out of court settlement. She suffered a broken arm, rib and breastbone as well as deep cuts to her jaw and abdomen...
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Hospice receives out-of-court settlement of £95,000
Lawyers acting for a man who lost his partner and their 20-month-old son after a car crash have secured a landmark out-of-court settlement of £95,000 for a hospice, to cover the cost of the care they gave the baby boy in the months before his..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
£85,000 settlement for thumb amputation
A man whose thumb had to be amputated after it was crushed and nearly severed in an accident at work has received £85,000 in an out of court settlement. He was a trainee machine operator at a factory and was operating a machine which produced..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
ABI survey into unsolicited contact from claims management companies
An ABI-commissioned survey has revealed that three in four people have received an unsolicited text or phone call from a claims management company offering them the chance to claim compensation, even though the overwhelming majority had no grounds..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Call for action over NHS sharps injuries
UNISON has called on the Government to end what it called “the horror” caused to NHS nurses, midwives, healthcare assistants and other health workers by sharps injuries.
According to estimates from the Health and Safety Executive (HSE),..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Research suggests teachers are highly stressed
Many teachers are highly stressed at work, new research has suggested. Figures from the Teacher Support Network show that in 2010 and 2011, the Network received nearly 5,000 calls and emails from teachers suffering from anxiety.
“This is just..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
OFT refers motor insurance market to Competition Commission
The Office of Fair Trading (OFT) has provisionally decided to refer the private motor insurance market to the Competition Commission after it found evidence that insurers compete in a “dysfunctional way” that may push up premiums for..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Marsh report on changing D&O market conditions
While conditions have remained favourable for many corporate directors’ and officers’ (D&O) insurance buyers in the first half of 2012, UK boards should prepare for possible changes in conditions in the UK D&O liability insurance..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Manufacturers opposed to compensated no-fault dismissal
Ahead of its submission to the government’s call for evidence on compensated no-fault dismissal, EEF, the manufacturers’ organisation, has called on the government to refocus its efforts on the areas of employment reform that will..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
MGAs must focus on impact of Jackson review of costs
Changes in the costs regime and processes for handling employers’ liability (EL) and public liability (PL) claims need to be an important focus for Managing General Agents (MGA) ahead of their implementation in 2013.
Alistair Kinley, policy..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
HSE acts over Legionnaires’ disease outbreak
Over 40 cases of Legionnaires’ disease have been confirmed in Edinburgh, with a further 45+ suspected cases. One person has died as a result of the outbreak. The Health and Safety Executive (HSE) and Edinburgh City Council are continuing their..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Directors’ and officers’ liability: How best to prepare your board for a changing market
By Adrian Jenner, Marsh
The last recognised “hard market” for directors’ and officers’ (D&O) liability insurance occurred a decade ago, resulting in increased D&O insurance pricing and more stringent terms and..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
GMC launches Medical Practitioners Tribunal Service
The General Medical Council (GMC) has launched a new tribunal service for doctors in the biggest shake-up of fitness to practise hearings since they were first established in 1858. The Medical Practitioners Tribunal Service (MPTS) is a new impartial..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Law Society supports ban on referral fees
The Law Society has said that the ban on referral fees for personal injury cases will work but the measures adopted need to be straightforward, proportionate and effective.
Commenting on the Solicitors Regulation Authority’s (SRA) discussion..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
SRA paper on implementation of ban on referral fees
The Solicitors Regulation Authority has published a discussion paper on the best way to deal with the Government’s ban on referral fees in personal injury cases. The ban comes into force in April 2013, introduced as part of the Legal Aid..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
IOSH launches online guide about heart disease
A new online guide to help employers raise awareness about heart disease in their workplaces has been launched by the Institution of Occupational Safety and Health (IOSH).
Some 1.5 million people now living in the UK have suffered a heart attack,..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Kennedys Law on extension of RTA Portal Scheme
Kennedys Law has responded to justice minister Jonathan Djanogly’s call for evidence in relation to the extension of the Road Traffic Accident (RTA) Portal Scheme to include employers’ and public liability claims up to the value of..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Survey highlights public view of hire and fire proposals
Recent proposals that British companies should be able to hire and fire employees more easily have been met with a less-than-enthusiastic response from Britons, according to a survey by YouGov. Around one third said that the “hire-fire”..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Cecil Guntrip v Cheney Coaches Ltd
By Simon Jones, Berrymans Lace Mawer
The case resulted in a decision against allowing the claimant to adduce further expert evidence after the claimant’s originally instructed expert failed to establish a link between the claimant’s..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Concern over whistleblower protection changes
The whistleblowing charity, Public Concern at Work (PCaW) has questioned the Government’s plan to change the law relating to whistleblower protection. According to PCaW, hidden away in the provisions of the Enterprise and Regulatory Reform..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
CIPD says no-fault dismissals could damage growth
In response to the Government’s consultation on no-fault dismissals, the Chartered Institute of Personnel and Development (CIPD) is urging ministers to recognise that watering down employment regulation is not only damaging for employee..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Supreme Court ruling in Fairclough v Summers case
The Supreme Court has handed down judgment in the Fairclough v Summers case – a seven year battle over an exaggerated insurance claim. The court allowed the claimant to keep the £88,716.76 that had been awarded to him but ruled that in..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Responses to OFT referral
Following the referral of the private motor insurance market to the Competition Commission, Nick Starling, ABI’s Director of General Insurance, responded, “The ABI welcomes the announcement on the referral of the credit hire and credit..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Law Society launches 2012 PI buyers’ guide
The Law Society has launched its 2012 professional indemnity insurance buyers’ guide to help solicitor’s make an informed decision when buying professional indemnity insurance (PII) for the 2012-13 indemnity year.
This year the guide..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011
Pasab Ltd t/a Jhoots Pharmacy and another v Woods
By Kirsty Rogers, DWF
A Pharmacy was successful in its appeal against the Tribunal’s finding that a Muslim employee’s dismissal was victimisation under the Employment Equality (Religion or Belief) Regulations 2003. The Employment..
Online Published Date:
19 July 2012
Appeared in issue:
263 - 12 July 2011