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Surjit Singh v C J O’Shea & Co Ltd
By Plexus Law and Cogent Law
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
£287,000 settlement for pedestrian
An elderly woman who sustained serious head and brain injuries when she was knocked over while crossing a road, has received £287,000 in an out of court settlement. She was walking across the road near her home when she was struck by a car one..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Future cost of UK asbestos-related claims to insurers updated
The Actuarial Profession’s UK Asbestos Working Party has updated its estimate of the future cost of UK asbestos-related claims to the insurance industry. This follows its research which identified that the proportion of people suffering from..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
HAVS award of £7,500
A man has received £7,500 in an out of court settlement after his hands were left permanently damaged by using vibrating tools at work. He was left with Hand Arm Vibration Syndrome (HAVS) after using vibrating tools in his job. The condition..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Researchers welcome National Centre for Asbestos-related Diseases
Researchers and clinicians working to combat asbestos-related diseases have welcomed the Government’s announcement that the insurance industry will contribute £3m towards the establishment of a new National Centre for Asbestos-related..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Responses to Government measures on asbestos-related diseases
The Government’s proposals on asbestos-related diseases have been met favourably on the whole, by insurers, plaintiff lawyers and unions alike. However, not surprisingly, plaintiff lawyers and unions have been dismayed by the..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Asbestos fibres and diagnosis of disease
Plaintiff lawyers have welcomed a decision in the High Court in London which they say will help thousands of asbestos sufferers and their families claim compensation for their condition.
In a case involving a 76 year old widow, whose husband died..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
RTA victim awarded £40,000
A young woman who suffered a fractured vertebra during a road accident while holidaying in Spain has received £40,000 in an out of court settlement. She had been holidaying in Motril, when she was involved in the collision. She was the..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Equal pay claim and sex discrimination
In an equal pay claim, it was open to an employer to avoid the need for objective justification of a pay disparity if he could show that, even if the pay practice had an adverse impact on women, that practice was not tainted by sex discrimination..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Human Rights Convention and award of damages
When deciding whether to make an award of damages, under article 5(5) of the Convention for the Protection of Human Rights and Fundamental Freedoms, for a breach of article 5(4) of the Convention it was necessary to have regard to the provisions of..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Mesothelioma settlement of £150,000
The widow of a man who was exposed to asbestos and died from mesothelioma has been awarded around £150,000. He was exposed to asbestos whilst working on steam locomotives for British Railway at the Crewe Works in Cheshire. He was exposed to..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
£150,000 in damages for scaffold fall
A scaffolder who was badly injured when he was hit by falling debris on a building site has received £150,000 in compensation. He had been working on a seven-storey high building which had holes through every floor to allow workers to dispose..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Airline Insurance Market Outlook 2010
Average lead hull and liability premium in the airline insurance market rose by 20% during 2009, taking total lead hull and liability to US$1.9bn, according to Aon’s Airline Insurance Market Outlook 2010. Total estimated claims for the year,..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
£77,000 compensation for pleural thickening
A former employee of a chemical company who was exposed to asbestos at work has received more than £77,000 compensation after he developed asbestos related pleural thickening. The condition left him suffering breathlessness and has forced him..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
£360,000 in compensation for RTA
A man who suffered extensive injuries to his back and neck in a car accident has received £360,000 in compensation. He was injured when his car was forced off a busy dual carriageway. He had driven across to the outside lane to allow a 4x4..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Repudiatory breach of contract
A repudiatory breach of contract, once it had happened, could not be cured by the contract breaker. The Court of Appeal so held in reserved judgments in allowing an appeal brought by the claimant against the decision of the Employment Appeal..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
£220,000 in RTA compensation
A therapist whose career was ended following a car crash has received £220,000 in compensation. The woman was involved in a road traffic collision which left her with such serious injuries that she was unable to continue working. She suffered..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
No unlawful indirect discrimination
A Christian employee who had been suspended from work for wearing with her uniform a small, visible cross in breach of her employer’s staff dress code, which forbade the wearing of visible neck adornment, had not suffered unlawful indirect..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Award for manhole fall
A man who was forced to take nine weeks off work after he fell through an uncovered manhole has received £3,000 in compensation. The man, who drives HGV lorries, had paid to park his vehicle overnight in a service station. He fell down the..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Government upholds Law Lords’ decision on pleural plaques
The Government has decided not to overturn the Law Lords’ decision on pleural plaques, but has come up with a range of measures to support people who have been exposed to asbestos.
The Ministry of Justice (‘MoJ’) announced a number..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Damages for assembly line worker
A man has received £10,000 in damages after a cooker manufacturer failed to put safety measures in place to avoid injuries to assembly line workers. He suffered serious damage to his shoulder and neck while putting together heavy cookers. His..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Mesothelioma Scheme payments increase
The Government has announced that lump sum payments from the 2008 Mesothelioma Scheme will increase by around 40% from April to the same level as those paid under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979. This will mean that..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Surgeon injured in motorcycle collision
A facial surgeon who was knocked off his motorcycle by a vehicle turning left directly across and into his path has received £100,000 in damages, plus costs.
The man, who is an Italian national, living and working both in Italy and the UK,..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Plaintiff lawyers respond to Draft Civil Law Reform Bill
Injured people will bear the brunt of the Government’s failure to keep the law of damages up to date, according to plaintiff lawyers. In its response to the Ministry of Justice (‘MoJ’) consultation on the Draft Civil Law Reform..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
£200,000 in out of court RTA settlement
A man whose career was ended when he suffered serious injuries in a collision has received £200,000 in an out of court settlement. The man suffered severe injuries to his hip, knee, neck and shoulder - leaving him physically unable to drive...
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
P&I renewal report from Aon
Ship owners faced a more benign Protection and Indemnity (P&I) renewal at 20 February 2010, according to the marine division of Aon Risk Services. Against a back drop of an improving claims trend, and for some, favourable investment performance,..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
£4mn in damages for suffered severe brain injuries
A British soldier stationed in Germany who suffered severe brain injuries after a road traffic accident has received over £4mn in compensation. The soldier was a passenger in a car which was involved in a crash where the driver was killed. The..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
£200,000 in mesothelioma compensation
A former UK resident, who emigrated to Australia in the 1970s, has recovered nearly £200,000 in compensation from his former employers as a result of his diagnosis with mesothelioma. He worked in the engine rooms and boiler rooms on ships in..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Warning over ‘third-hand smoke’
Nicotine that accumulates on indoor surfaces long after a person has put out their cigarette is converted into cancer-causing chemicals, according to US scientists. Researchers at the Lawrence Berkeley National Laboratory discovered that the..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
D&O specialist joins Marsh
Marsh has appointed Eleni Petros as a senior vice president in its Financial and Professional (‘FINPRO’) Practice. Ms Petros specialises in Directors’ and Officers’ (D&O) insurance for the financial and professional..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
DWP proposes Employers’ Liability Tracing Office
The Government has announced that thousands of people with serious industrial diseases who miss out because they cannot trace their employers’ insurance records should be able to claim compensation following Government proposals.
In a..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Defective knee implant
Leigh Day has said that its product liability team has been instructed by a number of patients in Australia who have suffered failed knee replacement surgery and have had to undergo early revision operations as a result of a defective knee..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Study finds more harmful fumes from gas hob than electric
Cancer Research UK has said that the low levels of cooking fumes found in UK kitchens are unlikely to affect people’s risk of cancer, after a study suggested that frying on a gas hob may emit more cancer-causing chemicals than an electric..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
£58,000 in damages for foot injury
A woman whose foot was severely injured when a radiator fell from the wall of her rented London home has been awarded £58,000 in damages. The injury occurred when a large double radiator in the living room of the property fell from the wall and..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
APIL warning over legal system balance
The Association of Personal Injury Lawyers (‘APIL’) has voice its concern about balance in the personal injury legal system ‘tipping the wrong way’ in favour of big business.
APIL president John McQuater, speaking at the..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Stafford Hospital claims settled
Leigh Day & Co has said that it is currently representing dozens of clients who have claims relating to the poor standard of care at Stafford Hospital. The publication of the damning report by Robert Francis QC catalogued widespread and..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Assessment of Asbestos Management in Schools study
A new study looking at asbestos management in schools has found that the policy of management is not working and that fundamental steps have to be taken to ensure that the occupants of schools are made safe.
The study, ‘Assessment of Asbestos..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
ABI concerned over Employers’ Liability Insurance Bureau
The ABI has voiced concerns about the proposals to set up an Employers’ Liability Insurance Bureau (‘ELIB’). Nick Starling, the ABI’s Director of General Insurance and Health, said, ‘We recognise how important it is..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Study into use of outside counsel by state attorneys general
On the heels of a recent Wall Street Journal editorial that criticized as ‘ethically troublesome’ the ‘cozy relationships between elected state officials and the plaintiffs lawyers who contribute to their campaigns,’ the..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
£4.5mn damages against consultant neurosurgeon
Former CNN correspondent Andrew Brown has settled his claim against a consultant neurosurgeon who has agreed to pay damages of £4.5mn and Mr Brown’s legal costs.
Mr Brown was abandoned by his surgeon after an operation - two days after..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
£230,000 mesothelioma compensation
The family of an engineer who died from mesothelioma has received compensation of £230,000. He was exposed to the dust while working as a craft apprentice before becoming a method engineer. He had come into contact with asbestos when carrying..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Increase in NHS Injury Costs Recovery scheme
The tariff and ceiling on charges payable by compensators for the recovery of NHS charges under the NHS Injury Costs Recovery (ICR) scheme will be increasing on 1 April 2010. The increases will apply only to injuries sustained on or after that date...
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Health effects ultrasound and infrasound
The independent Advisory Group on Non-Ionising Radiation (AGNIR), which reports to the Health Protection Agency, has reviewed the latest scientific evidence on the health effects of ultrasound (frequencies above 20 kilohertz) and infrasound (below..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Police officer in settlement
A police officer who was forced to go on light duties after a car accident has received £7,000 compensation. The officer needed two operations on his knee following the accident whilst he was off duty. He was parking his car at a supermarket..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Failed brakes RTA
A man has received £5,000 in compensation after brakes on his work van failed resulting in a crash. Before the accident he had asked his employers to check the van’s brakes on three occasions but was told each time that there was nothing..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
National Audit Office report into major trauma care
There is unacceptable variation in major trauma care in England depending upon where and when people are treated, according to a National Audit Office report. Care for patients who have suffered major trauma, for example following a road accident or..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Loss adjuster appoints first casualty operations manager
GAB Robins has appointed Mark Wookey as its first casualty operations manager. According to the loss adjusting firm, Mr Wookey will be responsible ‘for all operational management directly aligned to the continual improvement of the service..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Health and safety warning over guidelines
Organisations in England and Wales must embed robust health and safety risk management practices or face severe financial and reputational penalties in the event of a successful corporate manslaughter prosecution, Marsh has warned, following the..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Sentencing guidelines for corporate manslaughter
In its final definitive guideline, the Sentencing Guidelines Council has set out principles to guide courts in dealing with companies and organisations that cause death through a gross breach of care or where breach of health and safety requirements..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Apology shows Toyota “facing up to claims”
A law firm has said that the apology given by the president of car manufacturer Toyota, Akio Toyoda, for the accidents caused by faults in the production of vehicles that has led to a worldwide recall, ‘was a clear indication that the car..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
£110,000 stress award
A university worker who had to work up to 65-hours a week has received £110,000 in compensation after he had to give up work due to stress. He worked as a programme manager at a university where he was responsible for organising courses for..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010
Product recall insurance report from Lockton
The specialist market for insurance covering product recall and product contamination is resilient and stable, according to a new report on the market from Lockton. The Toyota recalls have intensified the spotlight on this insurance sector, said..
Online Published Date:
16 March 2010
Appeared in issue:
235 - 01 March 2010