i-law

Liability Risk and Insurance

Growth in East Asia

A Lloyd’s-commissioned report highlights the rise in litigation in the Asia-Pacific region, with increased demand for liability insurance. Growth areas cover professional indemnity, directors’ & officers’, errors’ &..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Australian liability reform

In the face of insurer-opposition the Australian government has made a U-turn in its attempts to reform the liability regime, calling for ‘mirror legislation’ between the seven states and two territories despite their differing legal..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

AIG looks for removal of entity cover from D&O

AIG is urging the removal of entity coverage from directors’ & officers’ (D&O) insurance, so as to reduce company willingness to settle in shareholder litigation. Entity coverage was generally added to D&O in the 1990s to..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Aon comments on solicitors’ renewals

Aon Professional Risks, which provides terms for around half the legal profession, has put forward observations on the 1 September renewals of the £1mn compulsory professional indemnity renewals: Despite fears, 90% of renewals were under way..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Growing importance of excess liabil ity lines

Formerly looked upon as a safety blanket, to be bought at the last minute and from the cheapest carrier, this view of excess liability cover is changing. Allan Francis, UK excess casualty manager at AIG Europe (UK), writing in Insurance Day of 2..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Railtrack explores EL Pool for contractors

Railtrack plc (in administration since October of last year) and broker Aon are exploring the creation of an insurance pool to provide employers’ liability (EL) insurance for rail maintenance companies. Railtrack’s contractors and..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Shareholder suit targets Aon

A shareholder suit has been launched against Aon by shareholders, the day after a ratings downgrade, alleging that its financial reports misled shareholders about performance through misrepresentations and omissions. Filed in a US District Court by..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

JP Morgan’s case dismissed

An action by JP Morgan Chase, seeking US$1bn from 11 insurers including AIG, Chubb and Liberty International for refusing to honour surety bonds in relation to Enron oil and gas deals, has been dismissed by US District Court Judge Jed Rakoff. The..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Record fine on R&SA

The Financial Services Authority (FSA) has imposed a fine of £1.3mn on Royal & SunAlliance (R&SA) for poor review of pensions mis-selling. It found that 13,500 clients had been wrongfully excluded from review. R&SA has already..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Ombudsman rules against Abbey National

The Financial Ombudsman Service has ordered Abbey National to compensate customers who lost out over dual mortgage rates. This echoes similar decisions against Nationwide, Halifax, HSBC and Cheltenham and Gloucester, the first of which elected to..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Selby rail crash offer

Fortis, the motor insurer covering Gary Hart the driver of the Land Rover that ran onto the line causing the 10-death, 70-injured Selby rail crash, has proposed a settlement totalling less than £8mn. Fortis is understood to have reserved..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

A pile of dollars

A yet further spate of estimates of the ‘final’ cost of 11 September. The Insurance Information Institute sets the ultimate loss at US$40.2bn. ‘The vast majority of claims for homes and autos have been paid, but commercial claims..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Silverstein developments

The first of the split trials on the WTC loss seems certain to go ahead in November, despite the New York court ordering insurers and Silverstein to appoint independent appraisers to try to reach agreement on the value of the WTC loss. Judge Martin..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Slave descendants’ wide range of targets

Suits by the descendants of slaves were filed early in September in New York and San Francisco, similar suits are expected in Illinois, Lousiana and Texas. Naming 12 corporations, including insurers AIG and Lloyd’s, banks, railroads and..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Reserves bolstered

The latest major addition to reserves comes from Allianz, adding US$750mn so as to allow US Fireman’s Fund to continue paying at the current rate for another 13 years. This brings their reserve-building to more than US$1bn since 1995. Earlier..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Food concerns and simpler labelling

Research from Mintel published 6 September 2002 shows that British consumers are becoming increasingly concerned about food safety yet few bother to follow official safety information. Some 44% of respondents were concerned about safety (51% women,..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Another tyre recall

Continental Tire North America has recalled 6,000 tyres from over 100,000 two-wheel-drive Ford Expeditions and Lincoln Navigators, year 2000 and 2001 models. And 3,500 tyres from motor coaches have also been recalled. This following the report of a..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Right to breast-feed in public

Proposals before the Scottish Parliament would impose fines of up to £2,500 on bars and restaurants that refuse to allow nourishment to the young, that is ban breast feeding. It faces a rearguard action from those with hang-ups over the basic..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Safety of services

The European Commission has launched a consultation paper on safety of services for consumers, comments required by 8 October 2002. In this context ‘services’ covers financial services, telecommunications, health services, beauty care,..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

FSA to look at IFAs’ PI requirements

The Financial Services Authority (FSA) is to review the professional indemnity (PI) situation of independent financial advisers (IFAs) following stories of 300% premium hikes. Currently required to carry PI cover for at least three times the annual..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Pensions litigation unit

International law firm Norton Rose has established a dedicated pensions litigation unit. This in response to the ‘increased powers of the Financial Services Authority and the ever-increasing regulation of the financial services and insurance..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Tribunal taskforce

The taskforce, appointed by the government last year, to advise on reform of the employment tribunal system has reported, and recommendations include: greater use of ACAS and other means of mediation. earlier disclosure of information by all..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Nostalgia for Legal Aid?

Criticised from all quarters for years, the simplicity of Legal Aid funding for personal injury cases must be filling at least some practitioners with nostalgia. The decision in Callery and demise of Claims Direct have done nothing to allay..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Enron fallout

The plea of guilty by former managing director Michael Kopper (see LRI September) could increase the chances of D&O insurers seeking to rescind cover. On a wider front, the whole mess has led to widespread consideration among insurers of..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

PwC identify change of business mix

A survey by PricewaterhouseCoopers shows that, post-11 September 2001, more than half the insurers in the London market have modified their business mix. Many are withdrawing from US casualty, and others scaling back on US property, aviation and..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Extension of NHS recoupment?

A consultation paper is to be issued based on recommendations of the Law Commission to extend Health Service recoupment of part-costs of treating accident victims to all who receive compensation. Following simplification of procedures, the existing..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Italian liability tariffs

The continued rise of motor liability tariffs, 16% in 2000, 11% in 2001, has led the Senate to set up an examining commission. Despite earlier European Union action when a 12-month block was put on premium increases some members of the Italian..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

A million deaths a year

Worldwide road deaths run at a million a year, according to Dr Adnam Hyder of the Road Traffic Injury Research Network (RTIRN) and reported in the New York Times of 29 August 2002. Tens of millions are injured. Joining with the World Health..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

All-terrain hazard

A study sponsored by the Consumer Federation of America and other organisations claims that four-wheel drive all-terrain vehicles are as hazardous as the three-wheel variety banned in the late 1980s. It found that the number of passengers injured in..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

May a highway authority be legally liable for an accident?

Useful discussion of the current situation, by District Judge Julie Exton, appears in the 12 September issue of the Law Society Gazette. Running through the requirements of the Highways Act and various court decisions, she concludes: ‘Always..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

No whistleblower at Tyco?

Manhattan district attorney Robert Morgenthau, commenting on the ‘directors, lawyers, auditors and other corporate officers’ expressed surprise that ‘nobody said “Hey, wait a minute, what’s going on..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Andersen settlement

Andersen Worldwide has come to agreement with Enron investors and creditors on a US$60mn settlement of a class action suit, while denying any liability or wrongdoing. Investors will receive US$40mn and creditors US$20mn, far less than the US$300mn..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Personal liability for a company’s tortious acts

Courts are changing from the traditional view that a director would only be held liable as a joint tortfeasor with the company if it can be shown that he committed the tort, participated in it, or procured the act done by others or that he and the..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

British Energy

Nuclear generator British Energy, facing insolvency, is to receive a £450mn EU-approved aid package from the government, with restructuring to follow. But this is by no means the end of their woes as the Financial Services Authority (FSA),..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Equitable developments and delays

The Equitable Life Late Joiners’ Action Group has reached a ‘no win, no fee’ deal with lawyers Travers Smith Braithwaite which will enable it to press ahead with its action. In a separate move, Ernst & Young is seeking to have..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

UK/EL developments

All those with any interest in the problems of employers liability (EL) cost and availability will be following moves on a daily basis, through Insurance Day and the trade press. A detailed rehearsal would be superfluous so a few highlights, only,..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Miners’ compensation tops £1bn

Compensation paid out under the government scheme to miners whose health was damaged by working conditions has topped £1bn. After a slow start payments are speed ing up of the 200,000 claims under the lung disease scheme and 150,000 for..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Discrimination cases, and payments, up in 2001

An Equal Opportunities review examined all 329 discrimination cases in 2001 where compensation was awarded and found the biggest cash increase came in disability claims, but the greatest increase in successful claims lay with sexual..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Call for increased holidays rejected

The Department of Trade & Industry (DTI) has rejected a call from the Trades Union Congress (TUC) to bring UK holidays in line with the European norm by defining the eight Bank Holidays as separate entitlement rather than capable of being..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Women in NHS set for massive pay rises and six years back pay?

In 1997 Unison launched an equal pay claim for workers at the Carlisle Hospitals NHS Trust. This sought recognition of equality of work value, in various groups, with colleagues in predominantly male professions. Nurses, catering assistants,..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Contracts for home workers

..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

More whistleblowers

A survey by YouGov for KPMG Forensic shows a big increase in willingness to whistleblow, report wrong-doing colleague to the appropriate authority. Some 83% of respondents said they were willing to report serious incidents of fraud by colleagues to..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Confidentiality clauses

A note, dated 29 August 2002, from Law-Now@cmck.com looks at rapid developments in confidentiality law in the light of the European Convention on Human Rights whereby it is weighed against the right to freedom of expression. While an employee has an..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Blind gap in discrimination act

The Royal National Institute of the Blind is seeking the tightening up of the Disability Discrimination Act to give better protection to the blind and partially sighted when using public transport. While the current act requires information to be..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Corporate manslaughter

Research by the Centre for Corporate Accountability (reported in the Financial Times of 21 August 2002) shows that the Crown Prosecution Service completed 10 manslaughter prosecutions of business owners and company directors since April 1998 with a..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Hatfield evidence

New evidence from the Health & Safety Executive (HSE) has been handed to the Crown Prosecution Service (CPS) which could lead to manslaughter charges against Balfour Beatty and Railtrack executives in respect of the four-death, 70-injured..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Disaster? call in Granny

Two articles in The Lancet of 6 September address the usefulness, or not, of stress counselling. Quality and common sense seem to be the key. A comparative study by Arnold van Emmerik and colleagues of the University of Amsterdam on critical..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

More on Yucca mountain

Increased opposition to the dumping of nuclear waste in Nevada develops into six separate lawsuits against President Bush and various law agencies. The dump, between the famous Yosemite National Park and Las Vegas (would it provide its own glow, one..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Armed pilots

..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Boeing fuel pumps checked

Responding to US Federal Aviation Administration concerns, around 1,800 Boeing 737, 747 and 757 aircraft are being checked for faulty wiring. Although no accidents have been attributed to what is thought to be an assembly error, airlines have been..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Finnair to pay for lost cash

Finnair will not appeal the ruling of the Supreme Court of Switzerland that it pay compensation of €570,500 to Swiss insurer Winterthur in respect of the loss of a cash consignment of €500,000 in 1996. Finnair had argued that it was only..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Kursk loss due to negligence?

Citing evidence of the Russian Prosecutor-General’s investigation, influential newspaper Rossiskaya Gazeta claims that naval negligence, not a malfunctioning torpedo as claimed in the official report, caused the loss of the Kursk two years..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Cost of chemical testing

The number of approved chemicals, many of common household and garden use, marketed in Britain are expected to fall from 800 as low as 300 when EU legislation comes into force next year. This is not because they are inherently dangerous but because..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Bhopal case revived

An attempt by the Indian government to get the outstanding charge of culpable homicide against Warren Anderson, former chairman of Union Carbide, dropped has led to its reaffirmation and calls for extradition. In 1984 the world’s worst..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Cleanups and air pollution

Although the majority of lower Manhattan buildings have been thoroughly tested, some tenants complain that their landlords refuse to hire contractors to carry though the necessary clean up. The lack of a comprehensive programme also means that many..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Red Cross to fund psychological treatment

The American Red Cross and 11 September Fund is to finance a joint programme for the treatment of those suffering resultant psychological problems, with reimbursement of the costs of psychotherapy, drug or alcohol treatment, psychotropic medication..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Cantor lambasts fund

Cantor Fitzgerald, the hardest hit firm in the Twin Towers with the loss of 658 employees, has prepared a report criticising the federal fund as unfair and providing families with hundreds of millions of dollars less than they are due. It also..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

First families accept compensation, many more sue

Nine of the first 25 families offered compensation by the federal Victim Compensation Fund, averaging US$1.36mn and ranging from US$300,000 to US$3mn as determined by special master of the federal fund Kenneth Feinberg based on the earning power of..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Con Ed to sue port authority

Consolidated Edison and five of its insurers are suing the New York Port Authority for US$314.5mn for damage to a substation caused by the collapse of subsidiary 7WTC which was showered with flaming debris, caught fire and collapsed some hours after..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

State Medmal insurer for Mississippi?

The Governor of Mississippi is presenting the Care Access & Reliability Enhancement Act to a special legislative session. This would create an insurer providing coverage for doctors, hospitals and nursing homes initially financed by a US$10mn..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Check on secret settlements

Ten federal trial judges in South Carolina, led by Chief Justice Joseph Anderson Jr, have voted to prohibit secret settlements, saying these prevent the public learning of hazards such as tyre defects and sexual abuse by priests. At present this..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Church abuse settlement?

After discussions with plaintiff lawyers, an offer of US$10mn from the Boston Archdiocese in settlement of sex abuse claims against clergy has been accepted by all 86 claimants. This will not be fully covered by insurance, and is far less than the..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Mould goes public

Mould, originally a problem of domestic properties, is fast becoming one for employers. Schools, hospitals and public buildings are being closed and employees suing for illness. An article in National Underwriter Property & Casualty of 12..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Absolute exclusion OK, but not indoors

This the ruling of the Supreme Court of Indiana on the pollution exclusion, whereby it was held that the exclusion only applied to outdoor pollution, not that within a building. However, the insurer was not to be penalised for trying to invoke the..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Lead persists

And so do lead poisoning suits, which could be strengthened by a new study from Cornell University. This shows a significant impact on the intelligence of young children from even slight amounts of lead, smaller than previously suspect, and as a..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Rand quantification

A report published by the Rand Institute for Civil Justice claims that asbestos litigation now affects 85% of the US economy, spelling out the wider costs over and above litigation. Claims against secondary companies (users of asbestos products) are..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Honeywell settles with brake mech anics

Honeywell International has settled a claim for US$100mn on behalf of five mechanics in Madison County, Illinois. They alleged their cancer was caused from exposure to asbestos when fitting Bendix brakes. Honeywell said the settlement, for an..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Cape and its officers to face new ac tion

Following Cape’s failure to meet the 30 June £11mn instalment of settlement, and two extensions to 14 September, Richard Meeran of Leigh Day & Co representing 7,500 South African claimants is taking steps to revive full action. A..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

National Gypsum’s new fund

National Gypsum has agreed to set up a US$347mn fund to compensate those who developed asbestos related illnesses after 1993. A US$400mn trust fund to cover claims was set up at that date as part of bankruptcy proceedings. The new fund will..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Agreed amendment of Manville Trust

A new settlement, necessitated by the prospect of inadequate funds and in consultation with plaintiff attorneys, has been struck in the first of the asbestos trusts which was set up in 1982, the Manville Personal Injury Trust. Details are not yet..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Mass trial to proceed

US Chief Justice William Rehnquist has rejected a defendant appeal for the delay of a mass asbestos product liability trial, due to start on 23 September in West Virginia, until their appeal against class status has been heard some time after 7..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Tobacco update

Flight attendant’s US$5.5mn award cut by 91% to US$500,000 by Judge Fredericka Smith in Florida’s Miami-Dade Circuit Court. Lead defendant Philip Morris stated that the remaining sum would now go to appeal. This decision could impact on..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

BSE, CJD and F&M

Influence from Nestle blamed for shelving of plan to vaccinate many cattle, in the face of arguments in favour by veterinary officers as a way of limiting slaughter, alleged in the report by the Cumbria Foot and Mouth Task Force, issued by Cumbria..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Growing GM claims against Aventis

Aventis Cop Science faces more than 30 suits arising from the planting on Starlink GM corn despite there being, as yet, no scientific evidence that it is harmful. They arise from farmers’ loss of price of their non-GM crops when exposed to..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Cooper tyre class action settlement

A New Jersey court has approved a class action settlement giving extended warranty but no payment to up to 40mn purchasers of Cooper Tire & Rubber Co steel-belted radial tyres. Including a consumer education campaign on tyre safety and..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Ford/Firestone rolls on

No end yet to suits against Ford and Firestone based on tyre separation, but this one running a different argument to those that have achieved settlement. In these federal regulators linked the tyres, many fitted as standard, to accidents resulting..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Medical victims want informal res olution

A survey by Actions for Victims of Medical Accidents (AVMA) shows that the majority of those suffering from medical intervention want an independent complaints system able to offer an explanation and apology as well as award small sums in..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Aventis epilepsy drug targeted

Vigabatrin (trade name Sabril) is likely to lead to action against manufacturer Aventis led by Plymouth solicitors, Wolferstans, acting for 30 plaintiffs. It is alleged to have damaged the vision of patients treated for epilepsy, some to the extent..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Rezulin class status rejected

Judge Lewis Kaplan of the Southern District New York has rejected a plaintiff move for 4,000 Rezulin claims to be handled as a class action saying they differed too widely to be consolidated. Among effects alleged are damage to heart and to liver..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Financial help to protect infant

Where an HIV positive mother may breast feed her baby, because of lack of funds to buy formula milk, the Home Secretary should reconsider whether these exceptional circumstances warranted additional financial support. This in allowing judicial..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Protection of whistle-blower

When faced with a complaint from a worker alleging that they were sacked for whistle-blowing, an employment tribunal should hold a directions hearing to clarify evidence required and to ensure that all statutory requirements for the protection of..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Holiday pay

Under the Working Time Regulations an employee’s holiday pay can only be a part of his weekly payment with the agreement of both parties and when incorporated in his contract of employment. Gridquest Ltd (t/a Select Employment) and Others v..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Steps required of employer to reduce risk

The steps required of an employer to reduce the risk of injury to a worker to the lowest reasonably practicable level include assessment of risk with consideration of the particular task, the context where it is to be performed and the particular..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Date of assessment of compensation

Compensation to a property purchaser for loss occasioned by the failure of a local council to register a charge on the property was to be assessed as at the date of the compensation hearing. [Very relevant to the amount due, as linked to property..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Percentage of damages agreement enforceable

Agreement with accountants to provide ancillary litigation services for a percentage of damages was enforceable. This in relation to the action of Spanish fishermen against the UK for prohibition of fishing in territorial waters. R (Factortame Ltd..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Failure to mediate impinges on costs

The successful defendant to a case, both at first instance and on appeal and having offered an unaccepted settlement, was not awarded costs. This because, despite both parties being advised in court to ‘explore the possibility of ADR’,..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Success fee in ‘costs only’ proceedings

In an appeal against recovery of costs and 20% success fee, on a costs-only hearing, as provided for under the Law Society’s model agreement, the Court of Appeal held that in simple claims that settle out of court the maximum success fee..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

CFAs made outside regulations unenforceable

A conditional fee arrangement made in breach of the provisions of the Conditional Fee Arrangement Regulations 2000 for information to be given by a legal representative of the solicitor is unenforceable. A key decision about to be fast-tracked, with..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Costs

Where parties had furnished imprecise information, and a percentage order was practicable, a judge was not obliged to make an issue-based costs order. In this case of professional negligence, the plaintiff had been awarded more than the sum paid in..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Use of disclaimers to restrict duty to client

This case illustrates that use of appropriate disclaimers and restriction can restrict the scope of a surveyor’s duty to his client. In the case at issue the defendant was instructed to provide a report and valuation certificate for a..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Datamonitor says ‘compensation culture’ a myth

A new report, UK Personal Injury Litigation 2002 (£1,995 from Datamonitor sales tel 020 7675 7487), claims that fears of a US-style compensation culture in the UK are unfounded. This is argued on the grounds that although the number of claims..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Awards & settlements

Over-65s entitled to employment protection, including claim of unfair dismissal or for redundancy pay according to EU law. In this case two men working in the clothing industry were dismissed because they were over 65. Their specific case was also..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Snubbed chorister

Claiming that she was ‘utterly destroyed’ by missing out on the expected bestowing of a cope, usually based on seniority (Buggins turn), a 13-year-old girl chorister has launched legal action against the already litigation-ridden dean..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Judica prepares for group action against Claims Direct

Claims management and settlement company, Judica, working with law firm Betesh Fox, is seeking to recruit shareholders and franchisees to pursue action against Claims Direct, its insurers, directors, and founders, alleging omission of information..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Mass poisoning charge against NERC

A test case on behalf of hundreds of Bangladeshis has been launched against Britain’s Natural Environment Research Council (NERC). It alleges that in 1992 researchers at NERC’s British Geological Survey were negligent in failing to test..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Crown immunity barrier

Although Health & Safety (HSE) investigations into the death of John Wynne, crushed when a furnace slipped from a crane (for the second time) at the Royal Mint in Llantrisant in South Wales, found that the mint had failed to follow safety..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

CRB and Capita checking delays

The last minute U-turn by Secretary of State for Education, Estelle Morris, to allow schools to allow unvetted staff to start work on a temporary basis may have diverted a number of claims for loss of work opportunity and earnings, not to mention..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Group action on holiday faults

The number of group actions over holiday problems has increased over recent years, the largest to date made up of 625 claimants targeted JMC Holidays, in 1998, for illness stemming from a stay at a Majorcan hotel. Most of these are now settled. Food..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

Back to school

Eleven months ago we highlighted the potential risk of present and future injury and claims to school pupils required to carry heavy loads of books and equipment around with them throughout the day. At that time the Health & Safety Executive..
Online Published Date:  01 October 2002
Appeared in issue:  147 - 01 October 2002

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