- Practice Areas
- Publication Type
- Resources
- Practice Areas
- Publication Type
- Resources
- Home/Publications/Liability Risk and Insurance
Unfair dismissal for being gay
HSBC is being sued by a former employer for unfair dismissal. The global head of equity trading at the bank claims that he was dismissed for being gay. The bank said it was because of gross personal misconduct. The level of damages being sought was..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Equitas settles Goodyear claims
Equitas is to pay $22mn during the second quarter to settle asbestos and pollution claims filed by US tyre maker Goodyear. Equitas will also place $39m into a trust fund to reimburse Goodyear for its future outlays for asbestos..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Excess Aviation War Liability coverage from AIG
AIG Aviation, Inc has announced the launch of Excess Aviation War Liability coverage. The new product, an extension of AIG Aviation’s insurance portfolio, is designed to help corporate flight departments and owners of private aircraft meet the..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
New PI policy for small risks from Hiscox
Hiscox Insurance Company has expanded its Professional Indemnity (PI) product range through the launch of a new policy aimed at smaller risks in the emerging professions market.
The new product will focus exclusively on the IT, Business &..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Positive impact of Australia’s liability law reforms
National reforms to liability laws are having a positive impact, with premiums coming down and cover more widely available, according to the Insurance Council of Australia (ICA).
At a meeting of Attorneys General, the ICA and insurance company..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
It’s the electronic messages, stupid!
Could employees sue their employers for making them stupid? Its an intriguing prospect, not least because an employee would have to prove in court that they were truly stupid (as opposed to being just slightly dense or a reality TV contestant).
But..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Monthly quota
“We, and especially politicians and the media, are all taking part in something of a deceit because we are teaching the next generation that risk doesn’t exist…Don’t play conkers in the playground, you might get hurt...
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Construction claims – Lumbermens Mutual Casualty Company v Bovis Lend Lease Limited
By Stephen Tester, CMS Cameron McKenna
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
APIL responds to Single Civil Court consultation
The Association of Personal Injury Lawyers has responded to the Department For Constitutional Affairs’ consultation paper, ‘A Single Civil Court?’ which considers the potential for unifying the civil and family jurisdictions of the..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
ABI calls for TUC to play active role
The ABI (Association of British Insurers) has urged the TUC to play a more active role in the drive to reform workplace compensation. The ABI expressed disappointment at the TUC’s recent decision to pull out of the Government’s..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
APIL calls for change to Scottish ‘limitation’ laws
A petition drafted by the Association of Personal Injury Lawyers (APIL) in Scotland has been presented to the Scottish Parliament on behalf of “injured Scots workers who are being denied compensation.”
The petition highlights the fact..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Tribunals Service begins transitional year
The government has announced the start of transitional year for the Tribunals Service, ahead of formal launch in April 2006. The Tribunals Service is a new agency within the Department for Constitutional Affairs (DCA) that will provide common..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
XL Europe forms US liability unit in London
XL Europe has announced the formation of a new $50mn gross line US liability underwriting unit based in London. XL has appointed Glenn Burles, formerly the chief underwriting officer of Zurich Specialties London, to head this unit. He will lead..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
IUA releases 2004 market statistics
Premium levels for non marine business in the London company market have increased for the third year in a row, according to statistics produced by the International Underwriting Association (IUA).
A total of £1656.4mn worth of premiums have so..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Cannabis users 10 times more likely to crash car
Drivers who use cannabis are 10 times more likely to be injured, or to cause injury to others, in car accidents, researchers have found. Dramatic new evidence published in the latest issue of the journal Addiction demonstrates for the first time..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
New PI scheme for insurance brokers
Fabien Risk Services, in partnership with PI Direct’s broker-dedicated trading arm PI Brokerlink, has launched a professional indemnity scheme for insurance brokers under the brand name Broker Protect. The Broker Protect policy provides..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
European noise at work campaign launched
The European Agency for Safety and Health at Work has highlighted the issue of noise at work, which it describes as one of Europe’s most persistent workplace health problems, and the most prevalent, irreversible industrial disease. It has a..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Leading causes of incapacity benefit claims
Stress, anxiety and depression are reported to have overtaken musculoskeletal disorders as the leading causes of claims for incapacity benefit. This is according to research published in the British Medical Journal.
Interestingly, while these mental..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
UK sickness absence declines in 2004
Far from being the nation of malingerers of popular myth, a new report from Working Families has found a decline in UK sickness absence over the last year. The report, “In sickness and in health:A report on absenteeism and work-life..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Employment tribunal cases decline in 2004
A survey published by EEF, the manufacturers organisation, one of the UK’s leading providers of employment law services, has shown a sharp drop in the number of employment tribunal cases it handled in 2004.
According to the survey, the number..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
New stress order – or just a marketing ploy?
A leading stress expert has warned that millions of people are suffering from ‘billness’, a newly identified form of stress disorder caused by unpredictable household bills.
Dr Roger Henderson, a stress counsellor advising T-Mobile, says..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Hampstead swimmers win right to unregulated swimming
“It represents a significant step in curtailing the risk averse nature of modern day society - and entails an acceptance that “risk is inherent in life, and some risk is unavoidable.” So said John Bramhall, partner at Davies Arnold..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Third party liability requirements ground Flying Fortress
New European regulations have grounded the last remaining airworthy Boeing B-17 Flying Fortress, the “Sally B”, on the eve of the commemoration of the 60th anniversary of the end of World War Two. New EU third party liability insurance..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Trend for fewer aircraft losses continues
Airclaims has revealed that the first three months of 2005 have continued the trend for fewer aircraft losses, evident since the end of 2001. During the first quarter of 2005, Western-built jets, which carry about 90% of the worldwide traffic,..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Successful renewal for London P&I Club
Marine mutual London P&I Club said that it had completed a successful renewals season, with total gross tonnage covered rising to 32.9mn. The mutual said that its strategy was based on organic growth of its existing membership. Existing members..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
NUMAST highlights issue of fatigue
Seafarers’ union NUMAST is launching a major new campaign against fatigue and cuts in crewing levels in response to the findings of a major research project examining seafarers’ working hours.
Researchers from Cardiff University’s..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Stress can be passed to babies
Pregnant women who suffer post-traumatic stress disorder (PTSD) pass on stress symptoms to their unborn children. This is the conclusion of a study into pregnant women who witnessed the World Trade Center attacks.
Children aged one year old had low..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Middle aged obesity linked to dementia
Research by the US National Institutes of Health suggests that obese people in their 40s are 74% more likely to develop dementia compared to those of normal weight. The lifetime dementia risk in those who were overweight was 35% higher.
The study..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
US insurers oppose asbestos trust fund
The American Insurance Association, Reinsurance Association of America, Property Casualty Insurers Association of America (PCI) and National Association of Mutual Insurance Companies have said they are opposed to the latest effort in the US Senate..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Opposition to latest asbestos reform legislation
The Coalition for Asbestos Reform has said that it “strongly opposes” S. 852, the Fairness in Asbestos Injury Resolution (FAIR) Act. The Coalition believes that the FAIR Act leaves potentially hundreds of companies in a far worse..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
More illegal dyes found in UK foodstuffs
The continuing issue of illegal dyes being found in foodstuffs continues.After the massive recall of Sudan I dye, the latest scare involves another illegal dye, Para Red. Products have been found containing small amounts of both Sudan I and Para..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
No cancer link in latest mobile phone study
The latest study into mobile phone safety has suggested that there is no link to brain cancer.The study, carried out in Demark and published in Neurology, showed there is no evidence of a link with the development of brain tumours whether using a..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Breast cancer screening records reviewed
A hospital in Essex is reviewing the records of over 6,000 women who had breast cancer screening. The move was reported to be because ‘inconsistencies’ were found. Seven women have been recalled so far and three have been diagnosed with..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
New labelling of all Non-Steroidal Anti-Inflammatory Drugs
The US Food and Drug Administration (FDA) has asked Pfizer to voluntarily remove Bextra (valdecoxib) from the market. FDA is also asking manufacturers of all marketed prescription Non-Steroidal Anti-Inflammatory Drugs (NSAIDs), including Celebrex..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
HRT could increase the risk of womb cancer
Research published in the Lancet suggests that the most popular hormone replacement therapy (HRT) in the UK could greatly increase the risk of womb cancer in women who have taken it over five years. The research involved a further analysis of Cancer..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Food wrapping chemical linked to prostate cancer
Bisphenol A, a chemical used to make food wrapping and to line tin cans could be the cause of surging prostate cancer rates in men, according to a study reported in the Sunday Times.
The paper said: “The new research suggests the small but..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
DRC offers briefing sessions on employment laws
The Disability Rights Commission (DRC) is offering free breakfast briefing sessions in May and June on new employment laws, aimed at accounting, legal and banking professionals offering advice to small businesses.
The briefings will provide..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
UNISON warns over cancer discrimination protection
New workplace rules due later this year to protect people with cancer from discrimination must not have any loopholes, say campaigners. The new Disability Discrimination Bill makes it an offence to discriminate against an employee from the moment..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
DRC highlights public sector duties in new Act
The Disability Rights Commission (DRC) is highlighting a major duty in the legislation to tackle institutional discrimination and ensure disabled people are treated fairly in the public sector.
DRC Chairman Bert Massie said: “The Act’s..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Disability Discrimination Act comes into force
The Disability Discrimination Act (DDA) has received Royal Assent.
The Act amends the existing Disability Discrimination Act to:
Introduce a new positive duty on public bodies to promote equality of opportunity for disabled people
Provide..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Claims companies touting at A&E department
It has been reported that companies offering “no win, no fee” services relating to compensation were caught touting for business at an accident and emergency department. Business cards and leaflets were being handed out to patients at..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
APIL president calls for faster justice
Faster justice, more cross-party collaboration and the preservation of the tort system are top of the agenda of the incoming president of the Association of Personal Injury Lawyers (APIL).
In his speech to delegates at APIL’s annual..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Employers can be held vicariously liable
A man brought an action against an NHS Trust alleging that his manager had been guilty of a course of conduct amounting to harassment, under Sections 1 and 3 of the Protection from Harassment Act 1997. The action was dismissed and the man..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Costs reduced for failed allegations
A seriously dyslexic man alleged that educational psychologists had been negligent in failing to diagnose his special needs and send him to a school with appropriate teaching facilities. In addition, he alleged that two of the head teachers of..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Unreasonable precaution to impose on hoteliers
A man suffered severe multiple injuries fell out of a window at a hotel in the middle of the night. He argued that the height from the floor to the base of the opening window was 750mm and should have been at least 800mm in accordance with the..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Pay claim with mixed gender comparators
Where a group of employees containing a significant number of female workers whose work was evaluated as equal to that of another group of employees of the same employer who were predominantly male and who received more pay, it would be surprising..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Motorist 50% responsible for accident
The Court of Appeal considered liability on a case where a motorist was intending to make a right hand turn into a junction.The traffic in the opposite direction had stopped to allow him to cross, and as he did so, he collided with a..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Parents cannot sue over false allegations
Healthcare and other child care professionals did not owe a duty of care to parents against whom they made unfounded allegations of child abuse and who, as a result, suffered psychiatric injury.
The House of Lords, Lord Bingham dissenting, so held..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Injury to mental health not foreseen
A woman ceased working with a depressive disorder which she alleged was caused by a fellow employee, who was aggressive and abusive towards her. The company admitted that the man swore at her and acted in an unpleasant manner but denied that he..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
No duty of care to victim or witness
The police owed no duty of care to a victim or witness when investigating a suspected crime.
The House of Lords allowed an appeal by the Commissioner of Police of the Metropolis from the Court of Appeal who had allowed in part an appeal by the..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Teacher’s duty of care and foreseeable risk
A pupil alleged that, when she was 13 years old, she had undergone an indecent assault in the school playground in which six of her fellow pupils were involved.
She reported the incident to her head of year teacher.The children were punished with..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Former dominatrix wins harassment case
A retired dominatrix has won $60,000 (£32,000) in damages in the US for sexual harassment. The former dominatrix, then known as Mistress Celeste, took a job at the US Treasury Department, where she ended up working for an abusive former..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Car crash passenger gets £1mn
A passenger has won more than £1mn in compensation after the car he was travelling in hit a brick wall and plunged six metres onto a railway line. The man sustained a serious brain injury, as well as post traumatic epilepsy, facial injuries and..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Asbestos widow wins compensation
The widow of a man who died from mesothelioma has received £177,901 in compensation. The 58 year old man had been exposed to asbestos at Buckingham Palace where he had worked as a maintenance worker.
The crown admitted a breach of duty of care,..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Fish and chip fall man wins £50,000
A man who worked for fish and chip firm Harry Ramsden’s has been awarded nearly £50,000 in damages. The man fell 20ft from an unsecured ladder after being told to hang a heavy Christmas sign. He severely injured his ankle and has been..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Interim award for motor accident victim
An interim award of £750,000 has been given to a teenager involved in an accident last September.The teenager was riding his moped when he was knocked down, fracturing his spine and leaving him in a wheelchair. The interim award was granted to..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
£1.75mn for boy hit by taxi
A boy who was knocked off his tricycle by a taxi in 1993 and left with a severe brain injury has been awarded £1.75mn in compensation. The three-year-old was riding his tricycle along the pavement when he lost control and swerved onto the road..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Discriminated on disability awareness course
A disabled woman who suffered discrimination on a disability awareness course run by Liverpool City Council has won £2,000 for injury to feelings on the day her case was due to go to court.
The woman was supported in her legal case by the..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Mesothelioma victim gets £100,000
A former hospital boiler room worker has reached a settlement in his claim for damages following his diagnosis with mesothelioma. He was employed as a maintenance man in the hospital’s boiler room for several years. During this time he was..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Excessive force in caesarean delivery
A five year old boy has been awarded more than £1mn damages after he suffered severe brain damage at his birth. The boy was delivered by caesarean because he was breech, and the judge ruled that the surgeon had pulled too hard with forceps..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Undiagnosed brain haemorrhage case settled
A woman whose signs of brain haemorrhage went undiagnosed for more than four years has won £1.6mn in compensation. She had a brain scan after suffering headaches and blackouts but her condition was not diagnosed till much later. She eventually..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Policeman shot by soldier wins damages
A police officer has won £416,000 in compensation from the Ministry of Defence. The police officer was shot by an undercover soldier while on duty in Belfast in 1998. He argued that the soldier had been negligent in using the gun.
The police..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Prison service loses unfair dismissal case
Appeal court judges have upheld a woman’s case for unfair dismissal and disability discrimination against the Prison Service.The woman was sacked in 1997 after going on sick leave. She had been demoted after asking to change her hours as an..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Brain damaged twin girl receives £2.1mn
A girl has received a structured settlement amounting to £2.1mn after she suffered brain damage at birth. The girl, now seven, was one of twins, and there was a delay in her delivery after the birth of her twin brother, which resulted in her..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Man hit whilst hailing taxi
A man who was hit by a car whilst hailing a taxi has received substantial damages, though the payment has not been disclosed. The man suffered brain injuries, depression and post-traumatic stress.
Liability had been disputed by the driver’s..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Nuclear Testing veterans to sue
A group of over 900 veterans are pursuing legal action for personal injuries and losses they have suffered arising as a result of exposure to low level radiation whilst participating in the British Atmospheric Nuclear Testing Programme conducted in..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Parents cannot sue over abuse claims
The Law Lords have ruled that a number of parents who were wrongly accused of abusing their children cannot sue the health care professionals who misdiagnosed the abuse. The case was dismissed because the health workers had a duty of care to the..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Not an employee so no unfair dismissal
An employment tribunal has ruled that the former chief executive of Northampton Town Football Club is not entitled to claim unfair dismissal. The tribunal ruled he had not been an employee between February and October 2003, although he was..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Settlement for tuberculosis girl
A three year old girl who contracted a rare form of tuberculosis in Indonesia which left her with chronic ear infections and ultimately loss of hearing, has won a substantial undisclosed out of court settlement.
After her trip she returned to the..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Unfair dismissal but no racial discrimination
A teacher has lost her claim for racial discrimination but has won a claim for unfair dismissal. The teacher, a Mauritian-born Indian, claimed she had been discriminated against on the grounds of race, but the tribunal found there was no evidence to..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Racial discrimination dismissed despite abuse
A Tunisian woman has lost a racial discrimination case despite suffering racial abuse from pupils. The school teaching assistant said staff and students discriminated against her.
The tribunal said although the school had not discriminated against..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Pilot wins sex discrimination case
A female pilot has won her sex discrimination case which involved a dispute over working hours.The pilot was refused the right to work 50% part-time so she could look after her one-year-old daughter. The airline said she had not completed the..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Settlement for fall from ladder
A man who fell off a ladder while working in France has received a six-figure settlement cheque as compensation for his resulting injuries and losses. He was working as a hod carrier for a UK-based building contractor.
Other employees working at the..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
NHS sued over surviving twin
The NHS is being sued for £250,000 by a woman who had an abortion after learning that she was pregnant with twins, but who gave birth to one of the babies. The woman, who was 16 at the time, is seeking compensation and damages for the..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Damages for girl hit by uninsured driver
The mother of an eight year old girl who was hit and killed by an uninsured driver has been awarded substantial but undisclosed damages by the Motor Insurers’ Bureau. The car crashed into a garden where the mother and daughter were attending a..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005
Global job-related accident and illness figures
Around the world, the workplace is becoming a more dangerous place, with new studies showing an increase in injuries, illnesses and fatalities caused by work.
Faced with this rising toll of occupational-related death, injury and sickness, the World..
Online Published Date:
01 May 2005
Appeared in issue:
177 - 01 May 2005