i-law

Liability Risk and Insurance

Professional Indemnity Insurance
11/12 September • Lloyd’s • Providing thorough exposition of professional indemnity business through analysis of the legal background and rationale, problems of policy coverage and examination of developments in individual..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
HIV exclusion upheld
The federal magistrates court in Adelaide has upheld an HIV exclusion in a mortgage protection policy. Diagnosed some months after taking out the policy, the man sought A$64,000 when he was unable to continue in work. Fortis Life Assurance rejected..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Impact of HIH
Two months after Australian general insurer HIH went into provisional liquidation, the full impact is becoming apparent. Liquidator KPMG reports that potential losses (originally estimated at A$800mn) are now estimated as near A$4bn. Criminal, as..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
H&S ‘Routemap’
The Health & Safety Executive (HSE), in collaboration with insurer Royal & SunAlliance, has produced a software package to help small businesses (where workers are twice as likely to be killed or injured as in larger firms within the same..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Copilot’s widow recovers from Aon
The US$19mn award to the widow and children of Robert Whitener, copilot of a corporate jet that crashed during takeoff at Palwaukee municipal airport in 1996 while being flown by Aon employee Lawrence Koppie, has been confirmed. This was in judge..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Insurers tighten asbestos response
While emphasising ‘no change’ in the rules, a group of London market insurers, including Equitas, will now apply the London Market Insurer Documentation Requirements for Asbestos Bodily Injury Claims rules more stringently. This will..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Awards and settlements
Failure to admit baby to a special unit and the delay of a six-hour journey by ambulance to another hospital, when suffering breathing difficulties a few months after premature birth, led to oxygen starvation and catastrophic brain injury. Now aged..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Unfair job reference claim goes ahead
High-flying former sales manager Michael Cox, whose career and health were ruined by an unfair reference from his former employer Sun Alliance (now Royal & SunAlliance (RSA)), has been given leave in the court of appeal to claim..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Fortis to settle Selby claims
Insurer Fortis has written to the victims of the double train crash in Selby in February inviting them to put forward their claims. Liability has not been fully established – there could be questions as to use, or condition, of the insured..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Liability Underwriters Group Annual Conference
4–6 September • Queen’s College, Cambridge • Unforeseen exposures faced by the liability insurance market continue to manifest themselves, many in a disastrous or catastrophic form. As these exposures are identified,..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Chinese insurance regulation
The China Insurance Regulatory Commission (CIRC) has started nationwide investigations into the use of insurance funds by domestic and foreign insurance companies. The aim is to guard against financial risk through the standardisation of fund..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Insurance complaints in Hong Kong
A year-on-year 11% rise in complaints to Hong Kong’s Insurance Claims Complaints Bureau (ICCB) brought the total to 238 – 26% of which concerned insurers’ refusals to pay policyholders’ medical bills. This increase was..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Brunei court orders interim payments for accident victims
The Brunei court of appeals has ruled to speed compensation to victims of accidents, rather than continue to wait for many years of litigation. But courts will only award interim payments where they are convinced the victim will eventually succeed..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Policyholder protection in India
A bill to provide policyholder protection has been finalised by India’s Insurance Regulatory & Development Authority (IRDA). The aim is to provide aggrieved consumers with an alternative to the courts, saving legal costs to all..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Complaints to Irish ombudsman
There was an 11.5% rise in the number of written disputes referred to the Insurance Ombudsman in Ireland last year. As well as these 1,034 disputes, telephone inquiries rose by 27% to more than 7,000. Of 368 cases adjudicated, 42% were determined in..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Cross-border legal aid
Following consideration of responses to a green paper, the European Commission has issued a discussion document on cross-border provision of legal assistance. While recognising the – sometimes wide – variations in provision and..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Insolvency Directive
The adoption of a new Insolvency Directive will give preferential status to policyholders’ claims where insurance companies fall insolvent. Due for implementation by EU member states by April 2003, the directive aims to coordinate the..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Stop now orders
Powers to enforce a quick stop to illegal trading activities come into force on 1 June 2001. A Stop Now Order provides for an injunction to be sought after two weeks notice to the trader and the director-general of fair trading, though the director..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Dental law partnership
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Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Complaints against barristers
The annual report from the Bar complaints commissioner Michael Scott notes that loss of barristers’ immunity last summer (Arthur JS Hall & Co (a Firm) v Simons , Barratt v Woolf Seddon (a Firm) , Harris v Schofield Roberts & Hill (a..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Law firms to join GISC
Law firms that sell or advise on insurance products have until September to apply for membership of General Insurance Standards Council (GISC). If not registered by then, they may have to relinquish this area of business. Alternatively, law firms..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Civil claims plummet
Since the introduction of Lord Woolf ’s reforms, the number of civil claims before the high court and district registries has dropped by 85%; claims before county courts by 17%. The lower figure reflects many high court cases of up to..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Lawyers respond to Claims Direct problems
John Barstow of Manchester law firm Tranters is planning legal action on behalf of two accident victims who brought claims through Claims Direct; he will also target the two law firms involved. He will argue that his clients were led to believe that..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
European nonlife survey 1999
..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
PI for brokers
‘Brokers’ broker’ Camberford Law has launched a professional indemnity product for brokers and intermediaries underwritten by CGNU. Over and above standard PI cover it offers full civil liability cover, a legal helpline, nil excess..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Kwelm report
Administrators of the insolvent Kwelm companies report that ultimate liabilities at the end of last year fell from US$8.1bn to US$7.4bn. Cumulative agreed claims now exceed US$2.4bn, with US$231mn processed last year. The average payment on claims..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
India: change to motor accident compensation formula?
India’s supreme court has issued a strong request for revision of the Motor Vehicles Act 1988, which provides for the payment of compensation on a no-fault formula basis. This is in the course of allowing appeals by Oriental Insurance and..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Nolan report on clerical abuse
An experts’ report, led by Lord Nolan, was prepared at the request of leaders of the Roman Catholic church in England and Wales in the wake of convictions for child abuse of 21 priests since 1994. The report recommends tighter safeguards..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Further pension compensation moves
The Personal Investment Authority (PIA) expects additional payments to around 25,000 people who were missold pensions in the 1980s and early 1990s to cost insurers up to £80mn. The extra entitlement arises from miscalculations of contributions..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Compensation to take account of windfalls?
Payment of compensation to around 50,000 victims of personal pension misselling has been put on hold while the high court rules on whether windfall payments should be included in settlement calculations. Independent financial advisers argue that any..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
No appeal for Equitable
Having sought legal opinion, Equitable Life now accepts there is no possibility of reversing the House of Lords decision regarding unlawful cutting of bonuses on guaranteed annuity (GAR) policies. However, Nicholas Warren QC and Thomas Lowe advise..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Endowment mortgage complaints on the rise
Reporting for the year ending 31 March 2001, the Financial Services Ombudsman saw misselling complaints rise by 300% to 9,300, half of which were upheld. The increase is expected to continue in the current year. Separately, and influenced by..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
FSA rule book
..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
New incident reporting centre
The Health & Safety Executive (HSE), in partnership with local authorities, has launched a new incident-reporting service for all employers and businesses nationwide. Aiming for higher compliance with reporting requirements under RIDDOR..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Hatfield report
The official rail industry inquiry into the Hatfield rail crash from newly formed body Rail Safety, led by retired railway engineer John Mitchell, found evidence that Railtrack was aware of cracks in the lines two years before the derailment. This..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Australian WorkCover shakeup
Faced with runaway costs of the no-fault state-run WorkCover Authority scheme, New South Wales minister for industrial relations John Della Bosca has rejected the two traditional alternatives of slashing benefits or increasing premiums. The current..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Discrimination against golfer
Multiple sclerosis sufferer Vernon Roper has won the right to use his motorised buggy on Singing Hills Golf Course in West Sussex. Although it is a county court decision (Haywards Heath), the ruling will be welcomed by a number of other disabled..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Fast track for tribunal claims
From 21 May 2001 a scheme run by the Advisory Conciliation & Arbitration Service (ACAS) will offer a fast-track alternative to hearings by employment tribunals. It is informal, confidential and nonlegalistic in approach. The aim is resolution..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Acoustic shock
While the decline of heavy industry has led to a reduction in claims for industrial deafness, a new type of claim is developing, sometimes from within the insurance industry itself. Acoustic shock affects those in near-continuous telephone..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Part 1
John Moore, claims manager and director at Wren Managers, gives an overview of developments in the important area of alternative dispute resolution (ADR). Part 2 will appear next month. ADR is not part of the currency of claims handling. But what..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Nuclear test papers
Following discussions between Bruce Scott, Australian minister for veterans’ affairs, and UK armed forces minister John Spellar, the Ministry of Defence will make available papers relating to the 1956 nuclear tests in which British, Australian..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
DVT study
The results of a study indicating as many as one in 10 airline passengers may develop deep vein thrombosis (DVT) on longhaul flights have been published in The Lancet of 11 May 2001. The study was led by consultant surgeon John Scurr of the Royal..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
‘No bomb’ on Thai airways 737
Initial findings of the US National Transportation Safety Board (NTSB) have discovered no evidence that a bomb was responsible for the runway explosion of a Thai Airways Boeing at Bangkok international airport shortly before the Thai prime minister..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
US$7.15mn blizzard compensation
Wayne County circuit judge Daphne Curtis has approved a settlement between Northwest Airlines and 3,700 passengers who suffered lengthy delays during a two-day blizzard in January 1999, so severe that planes on the runway were unable to return to..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Air Alaska: no punitive damages
Federal judge Charles Legge has ruled out punitive damages claims from the families of the 88 who died in the January 2000 Alaska Airlines crash off the coast of California. This decision is based on the terms of the Warsaw Convention. A number of..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Fuel tank order
The US Federal Aviation Administration (FAA) has issued rules requiring manufacturers and operators of aircraft operating in the US to change the design, maintenance and operation of aircraft fuel tanks. The rule, affecting almost 7,000 planes with..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Concorde settlement
Agreement has been reached with around 700 claimants linked to 92 of the 100 passengers who died in last year’s Air France Concorde crash. Negotiations continue separately on behalf of those relatives who have not accepted the main settlement,..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Erika: tourism claims
The total of admissible claims from the French tourism sector in respect of oil pollution is expected to reach US$208mn, according to International Oil Pollution Compensation Fund. More than 4,500 claims had been submitted by 30 April but many more..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
‘Can’t believe it’s not butter’?
A team at Lancaster University has published its research in the journal Environmental Science & Technology (March 2001) on butter analysis. This shows sensitivity to levels of airborne pollution such as PCBs (polychlorinated biphenals),..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Pyre pollution in water supplies
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Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
DuPont to cease Benlate production
While maintaining that agricultural fungicide Benlate is safe when used according to instructions, DuPont is to cease production and sales by the end of the year. Having already spent US$1.3bn in litigation, and with 120 suits pending, the..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
US$8mn California electricity settlement
Arising from investigations into recent widespread Californian electricity outages, Williams has agreed, without admission of liability, to pay US$8mn to settle accusations that it deliberately withheld supplies from the California Independent..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Gun suit rejected
The New York court of appeals has overturned a lower court decision of 1999 that held gun makers responsible for their criminal usage (through negligent marketing practices). The case focused on teenager Stephen Fox, who suffered permanent brain..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Mississippi caps bonds
Despite failure of a legislative bill, the Mississippi supreme court has placed a cap on the amount a defendant must post to appeal a punitive damages award. Critical trial lawyers believe the court-imposed cap looks towards upcoming asbestos..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Check on punitive awards
A ruling of the US supreme court has taken further steps to control excessive punitive damages. This builds on the 1996 ruling in BMW of North America Inc v Gore that a punitive damage award, when it can be categorised as ‘grossly..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Tobacco update
US$2bn Engle paid into escrow account by Philip Morris, Lorillard and Liggett Group, of which US$709mn will be unrefundable whatever the outcome of the appeal against punitive damages award of US$144.87bn. Approved by a Miami state court, this will..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
US$8mn award to refinery worker
Former Koch refinery worker Joseph Akin and his wife have been awarded more than US$8mn by a jury in Ramsey County district court in respect of mesothelioma caused by exposure to asbestos at the Rosemount refinery. The award is split almost midway..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Foster Wheeler
The first-quarter report of New Jersey engineering and construction firm Foster Wheeler to the Securities & Exchange Commission shows asbestos litigation costs of US$8.9mn, most of which it expects to recover from its insurers. During that..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Underwriters seek annulment
A group of underwriters providing asbestos-related insurance for energy services firm McDermott International’s subsidiary Babcock & Wilcox, which is in chapter 11 bankruptcy, are seeking to annul the coverage. They are seeking a..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Product or nonproduct claims
Writing in Insurance Day of 1 May 2001, Ronald Houdlett and Erik De Paula of Mendes & Mount discuss the category under which asbestos-related bodily injury claims are submitted to insurers. In the past the majority have invoked products..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
A M Best report into asbestos claims
A new A M Best report, Asbestos Claims Surge Set to Dampen Earnings for Commercial Insurers , estimates ultimate asbestos-related losses at nearly two-thirds higher than their previous 1997 estimate, US$40bn rising to US$65bn. Asbestos has now..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Chester Street ‘rescue’
Discussions between the Treasury and the insurance industry have produced a scheme to ensure compensation payments to asbestos victims, insured by the now bankrupt Chester Street. Administrator PricewaterhouseCoopers had estimated availability of a..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
AHP agrees fen-phen payment
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Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
No foot-and-mouth victims
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Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Euro implant register
The European Commission is considering proposals to draw up a register of all silicone breast implants performed throughout the region. Along with this will go details of qualified surgeons, pre- and postoperative counselling services and support of..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Breast implant study
A long-term study by the National Cancer Institute in the US suggests women with breast implants run a higher risk of developing lung or brain cancer than those who have undergone other forms of plastic surgery. As yet, no cause-and-effect..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Call for cosmetic surgery warnings
Members of the House of Commons Health Select Committee have called for health warnings to be incorporated into advertisements for breast implants and other cosmetic surgery. They further recommend women contemplating such procedures should have..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Audit of cancer tests
The Leicestershire NHS audit of all 403 cervical cancer sufferers in their area between 1993 and 2000 has thrown up evidence of one-third incorrect diagnosis. It has identified 14 deaths and 64 women needing more radical treatment, through..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Rise in NHS claims
The National Audit Office (NAO) has identified a £700mn rise in the value of negligence claims against hospitals in England and Wales over the last year, during which 10,000 claims were added to the 23,000 already outstanding. The value of..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Damages for cost of rearing disabled child
A mother who conceived after a negligently performed sterilisation operation and bore a child with significant disabilities was entitled to recover the extra costs of caring for him. She could not recover for the basic costs of..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Misleading price
Display of signs indicating that a shop would match any lower price in the neighbourhood, without reference to additional conditions, was held as giving a misleading indication of price contrary to section 20(1) of the Consumer Protection Act...
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Defects in inquiry violated human rights
Failure to conduct a proper investigation into the circumstances of the killing of members of the IRA by military and police was a violation of the right to life under article 2 of the European Convention on Human Rights (see Awards and..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Motive of discrimination
In deciding whether discrimination was racially motivated, an employment tribunal should, where appropriate, consider the previous conduct of the alleged discriminator. Anya v University of Oxford and Another • court of appeal • The..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Sex discrimination: time limit
Appeal against disallowance of allegations of sexual harassment, presented after dismissal for misconduct, fails. Such claims could not be allowed if not made until after employment had ended. Phys-Harper v Relaxation Group plc • court of..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Wrongful dismissal: pension rights
Summarily dismissed shortly before due to acquire accrued pension rights, appeal against tribunal’s dismissal of his claim for damages for loss of these rights was upheld. Silvey v Pendragon plc • court of appeal • The Telegraph..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Local authority liable for lack of care
Four siblings, abused by their parents over a period of five years during which – while aware of the situation – the social services department did nothing to protect them – have won a landmark ruling from the European Court of..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Employer liable for sex abuse
Sex abuse acts, committed by the warden of a boarding school, were sufficiently linked to the work he was employed to perform to be deemed to have been committed in the course of employment. Hence the employer bore vicarious liability to those..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Defamation on website
A website user posted defamatory comments against an internet service provider on the defendants’ websites. Following complaints, the comments were removed but the defendants refused to disclose the identity of the site user. The claimant..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Solicitor’s advice on lump sum payment
A solicitor failed to advise his client that a lump sum under a matrimonial proceedings consent order, to be paid in two instalments, might be reduced at a later date. In the case at issue, the payer’s circumstances changed and a court varied..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Pursuit of hopeless case
While a solicitor or barrister owed a duty to the court to maintain appropriate levels of competence, this duty was not breached simply by pursuing an apparently hopeless case. The court’s jurisdiction to award costs personally against the..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Solicitor’s negligence liability
The claim at issue involved breach of contract including personal injury. The defendant solicitor had misgivings about the correct limitation period and raised it with counsel, who gave wrong advice. He did not pursue his enquiries further. It was..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Blame for delay
Where failure to issue a claim for personal injury within the three-year limitation period was in no way the fault of the plaintiff, a judge was not entitled to treat him as if he was responsible for the delay. Further, a judge was not entitled to..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Independence of expert evidence
Where a defendant wished to call as expert witness a barrister with whom he had had a long-standing personal and professional relationship, this evidence should not automatically be excluded. While the trial judge might treat the evidence with..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Entitlement to costs after accepting payment into court
A payment into court was accepted by the claimant to cover some issues, the others continuing to litigation. An application for costs in relation to those issues compromised by payment, citing CPR rules 36.11(1) and 36.13, was refused. It was held..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Bankruptcy, allocation of insurance
Two disability income support insurance policies responded to the policyholder’s ill health. On his subsequent bankruptcy the trustee sought and obtained a declaration that the benefits were part of the bankrupt’s estate. Appeal against..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Structured settlement deemed to be income
Periodic payments under a structured settlement scheme fell into the category of capital to be treated as income under regulation 41 of the Income Support (General) Regulations (SI 1987 No 1967). As such, they would be taken into account in..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
BSE and CJD
Possibility of several waves of vCJD epidemic over the next few decades, according to new experimental evidence from Prof John Collinge and colleagues at Medical Research Council prion diseases unit. It is now known that prion protein comes in..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Ignition trial ordered
Judge Michael Ballachey of the California superior court has ordered a jury trial in September to determine damages against Ford for allegedly producing 22mn cars between 1983 and 1995 with faulty ignition. But he denied a motion on behalf of car..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Ford pickup investigations
The National Highway Traffic Safety Administration (NHTSA) is to step up investigations of more than 880,000 Ford Super Duty F-Series pickup trucks because of a potential problem with the steering system. There have been instances of the steering..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
More tyre recalls?
At the time of writing, Ford chief executive Jacques Nasser appears set to order the recall of a further 13mn Firestone tyres, fitted to the Explorer vehicle. The exercise is expected to take nine months, at a cost of US$3bn. Pressure for the..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Ford/Firestone ‘sea of documents’
Faced with a report by Ford engineers, exonerating the motor manufacturer from blame for over 170 deaths and many injuries in Explorer and other SUV rollover accidents – placing the blame firmly of Firestone/Bridgestone – the National..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Survey finds GM ignorance in US
A survey on levels of consumer knowledge of genetically modified (GM) foods, carried out by the Pew Charitable Trust, has found widespread ignorance in the US. Some 54% of a range of respondents had heard nothing or ‘not much’ about the..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
GM trials announced
A list of 28 sites in England and Wales for the trial of genetically modified maize has been announced, with planting imminent. But with 17 of these in areas affected by foot-and-mouth disease, delay or last-minute changes may be required. Further..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
FSA dioxin check
The Food Standards Agency (FSA) has ordered checks on dioxin levels of meat, milk and eggs produced on farms near to slaughter disposal pyres. Animals must not graze within a mile until the land is tested and cleared of contamination. In the 1990s..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
May Day claims against police
Police ‘success’ in containing anticapitalism protesters in London by keeping thousands of people boxed in at Oxford Circus for eight hours are likely to lead to suits alleging unlawful imprisonment. Those detained – in cold and..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Discrimination against sole practitioners
The Law Society has warned that the reluctance of major mortgage lenders to instruct sole practitioners could be referred to the Office of Fair Trading as anticompetitive. It also warns that – as a high proportion of sole-practitioner..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Farmers to sue MAFF
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Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Uranium injury at work
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Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
Million-pound DVT claim
Businessman Tom Deakin is seeking £1mn damages from Delta Airlines in respect of blood clots that developed shortly after a flight that included 12 hours delay, mostly spent in the aircraft while waiting on the runway. Mr Deakin, a human..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001
In the course of employment
Three recent decisions – Lister and Others v Hesley Hall Ltd , X v Bedfordshire County Council (see Case update , page 7) and Fennelly v Connex South Eastern (see LRI May 2001) – have significantly widened employers’..
Online Published Date:  01 June 2001
Appeared in issue:  131 - 01 June 2001

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