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Bermudian reinsurers turn to casualty lines
The latest research and analysis from Benfield Limited into first half result of Bermudian reinsurers has revealed substantial growth, and a growing move into casualty lines.
In the report, “Old Money, New Money – First Half 2003 Bermuda..
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01 October 2003
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159 - 01 October 2003
Swiss Re on asbestos coverage
Recent changes in regulations and court decisions, and an increased propensity to sue, have prompted Swiss Re to rethink its approach to asbestos-disease liability coverage and exclusions. This is according to an article written by Swiss Re and..
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01 October 2003
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159 - 01 October 2003
APRA launches data collection project
The Australian Prudential Regulation Authority (APRA) has begun consultation with the insurance industry and other relevant bodies on the collection of policy and claims data for public liability and professional indemnity insurance.
APRA says that..
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01 October 2003
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159 - 01 October 2003
Claims from insurers in run-off
A report from KPMG and the Association of Run-Off Companies has revealed that a quarter of non-life insurance claims in the UK involve UK insurers that are in run-off. The report says that this means that around £33bn in non-life insurance..
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01 October 2003
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159 - 01 October 2003
D&O increases for financial institutions
D&O insurance costs for financial institutions have leapt by 175% since 2000, according to research by Aon Professional Risks. For financial institutions, the cost of D&O insurance has almost tripled over the past few years, from an..
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01 October 2003
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159 - 01 October 2003
Insurers sue Osama bin Laden
Chubb, American Re, Zurich American and other insurers are to sue Osama bin Laden of al Qaeda over the September 11 attacks. The insurers have filed a $300bn lawsuit against Osama bin Laden, al Qaeda, Saudi Arabia, Iran, Iraq, Sudan and others. The..
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01 October 2003
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159 - 01 October 2003
Swiss Re warns of vCJD hospital risk
Swiss Re has warned of the dangers of infection by the new variant of Creutzfeldt-Jakob disease (vCJD) in hospitals. In a new focus report, “Prion infection on the rise? Hospitals in need of modern risk management,” the reinsurer says..
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01 October 2003
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159 - 01 October 2003
Lloyd’s names to sue government
The UK government is to be sued by a group of Lloyd’s names. They allege that the government failed to meet its regulatory responsibilities after they invested in Lloyd’s in the late Eighties. They are claiming £7mn in damages...
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01 October 2003
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159 - 01 October 2003
UK banks named in Gulf War syndrome lawsuit
Sixteen former US servicemen with symptoms of Gulf War syndrome have filed a class action lawsuit in New York. The men, who were exposed to nerve and mustard gases during the first Gulf War, are disabled and in some cases have severely handicapped..
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01 October 2003
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159 - 01 October 2003
Stress? It’s in the back of the net
So you think you are in a stressful job? Well, it is nothing compared to being a football manager. You might have noticed that a number of leading managers had illnesses recently, and that is only the high profile Premiership ones, let alone those..
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01 October 2003
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159 - 01 October 2003
Overcoming the liability crisis
Companies across the world are experiencing substantial increases in their employers’ liability and public liability insurance premiums. Richard Bulmer of Watson Wyatt considers the measures proposed by the UK insurance market to tackle these..
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01 October 2003
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159 - 01 October 2003
Law Society warns on opening up market
The Law Society has warned that plans to open up the legal services market to new suppliers must go in hand with proper safeguards and redress for consumers when things go wrong.
The Government has outlined its support for multi-disciplinary..
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01 October 2003
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159 - 01 October 2003
Accident Group debts
The Accident Group is reported to owe more than £100mn to its creditors, according to its administrators, PricewaterhouseCoopers, who added that many are unlikely to see their money. In a separate move, insurer NIG, which underwrote insurance..
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01 October 2003
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159 - 01 October 2003
21 day renewal period “a minimum standard”
The Federation of Small Businesses (FSB) has welcomed the new Statement of Good Practice on renewal terms for liability insurers published by the Association of British Insurers and the British Insurance Brokers Association. But it has called for..
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01 October 2003
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159 - 01 October 2003
ABI initiative to reward good health and safety
The Association of British Insurers (ABI) has launched a new initiative which it says will give businesses with good health and safety practices greater access to the employers’ liability (EL) insurance market.
The initiative, called..
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01 October 2003
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159 - 01 October 2003
Limits of liability report from Marsh
Marsh has published the 12th edition of its “2003 Limits of Liability” benchmarking report. The annual report reviews the excess liability insurance-buying decisions of more than 4,000 organizations in 26 countries on four..
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01 October 2003
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159 - 01 October 2003
Review of UK motor insurance system announced
The Government has announced an independent review of the current UK system of Motor Insurance. Economist Professor David Greenaway has been appointed to carry out the review which will be focused particularly on reducing the levels of uninsured..
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01 October 2003
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159 - 01 October 2003
Aussie PI insurers may come back
Australian insurers are said to be supporting a scheme that caps professional indemnity claims if professionals introduce codes that require risk management and dispute-handling procedures. It is believed that the proposals may result in insurers..
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01 October 2003
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159 - 01 October 2003
Consultation on Disability Discrimination Act
The Disability Rights Commission is calling for responses from people affected by changes to the employment provisions of the Disability Discrimination Act which come into force in October 2004.
The Disability Rights Commission has drawn up two..
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01 October 2003
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159 - 01 October 2003
Impact of liability crisis on small businesses
A survey of more than 1,000 small business owners in the UK has revealed that 20% of employers have laid off employees or put a freeze on recruitment as a result of escalating premiums in the liability insurance market.
The survey by the Federation..
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01 October 2003
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159 - 01 October 2003
EOC investigates pregnancy discrimination
The Equal Opportunities Commission (EOC) is launching the UK’s first ever investigation into pregnancy discrimination at work. Entitled “Pregnant and Productive,” the investigation will examine:
The extent of the problem; how many..
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01 October 2003
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159 - 01 October 2003
Warning on use of incense in church
An Irish government minister has warned that the use of burning incense is putting at risk the health of altar boys and girls. The comments were made on Irish Radio by a junior minister, who is also a doctor, in the context of plans to ban smoking..
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01 October 2003
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159 - 01 October 2003
Musicians seek passive smoking controls
The Musicians’ Union is seeking the backing of the TUC in urging the Health and Safety Executive to address the problem of passive smoking in the workplace and produce the long-awaited Code of Practice on Passive Smoking.
The Musicians’..
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01 October 2003
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159 - 01 October 2003
Texaco sues Port Authority over Sea Empress
The Milford Haven Port Authority is being sued by Texaco for $16m in compensation for the loss of the cargo and other associated costs. The claim was revealed in the latest Report and Accounts from the Port Authority which shows that in February..
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01 October 2003
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159 - 01 October 2003
One in four UK homes have toxic mould
Newspaper reports have revealed that a forthcoming study for the Royal Institute of Charter Surveyors (RICS) found harmful mould in around 25% of homes in the UK.
A specialist company carried out the study, using DNA analysis on the mould present in..
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01 October 2003
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159 - 01 October 2003
Monsanto settles PCB litigation for US$600mn
GM food company Monsanto has settled a case involving current and pending PCB (polychlorinated biphenyls) litigation in Alabama for a total of US$600mn. The case involved Monsanto, Solutia Inc, and Pfizer Inc’s subsidiary Pharmacia. The..
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01 October 2003
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159 - 01 October 2003
11/9 victims can sue airlines
A US federal judge has ruled that relatives of the victims of the September 11 terrorist attacks can take legal action for negligence against American Airlines, United Airlines and Boeing, as well as the Port Authority of New York and New Jersey and..
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01 October 2003
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159 - 01 October 2003
Deutsche Bank’s lawsuit against City thrown out
Deutsche Bank’s lawsuits against the city of New York have been thrown out by a New York state court. Deutsche Bank filed two lawsuits against the city for actions the city allegedly took, or failed to take, before and after the September 11..
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01 October 2003
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159 - 01 October 2003
Silverstein sued over World Trade Center
Larry Silverstein, the World Trade Center leaseholder is being sued by lender GMAC Commercial Mortgage Corp. GMAC largely financed Silverstein’s leasing of the WTC. The Port Authority of New York and New Jersey is also named in the..
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01 October 2003
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159 - 01 October 2003
White House pressure on EPA “safe” statements
A report into the World Trade Center Collapse by Environmental Protection Agency’s Office of the Inspector General has revealed that the White House put pressure on the EPA to make announcements after the collapse that the air was safe to..
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01 October 2003
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159 - 01 October 2003
…and another sidewalk liability law
The Mayor of New York City has also signed another bill which will require property owners, other than the City, certain governmental entities and owners of one-, two-or three family homes, to have a policy of personal injury and property damage..
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01 October 2003
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159 - 01 October 2003
New York brings in sidewalk liability law…
New York City Mayor Michael Bloomberg has signed a piece of legislation which transfers liability from the City to the owners of real property for the owners’ failure to maintain sidewalks adjacent to their property in a reasonably safe..
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01 October 2003
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159 - 01 October 2003
UK’s prisons “riddled with asbestos”
The Liberal Democrats have unearthed new Government figures which show that 129 of Britain’s 138 prisons (93%) “are riddled with asbestos.”
In a written response to questions on new regulations designed to manage the problem of..
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01 October 2003
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159 - 01 October 2003
Low tar not necessarily safer
A court in the US has ruled that a tobacco firm is not liable for the death of a man who died of lung cancer after smoking the company’s cigarettes which were advertised as containing less tar than other brands.
The man’s wife said that..
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01 October 2003
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159 - 01 October 2003
Kemper seeks to rescind Chattem policy
Kemper Indemnity Insurance has filed a lawsuit against Chattem, Inc, a manufacturer of branded consumer products, seeking to rescind the excess product liability insurance policy.
According to Chattem, the policy provides it with $50mn of excess..
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01 October 2003
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159 - 01 October 2003
Arguments rage over med mal statistics
The above report is at the centre of a controversy over the medical malpractice crisis – consumer groups and tort reform associations have leapt upon figures to support their positions.
The Center for Justice and Democracy said : “One of..
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01 October 2003
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159 - 01 October 2003
US medical malpractice court statistics
A report by the US National Court Statistics Project, “Examining the Work of State Courts, 2002” has revealed that plaintiff win rates in automobile trials were 57%, whereas plaintiffs won less than one out of four medical malpractice..
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01 October 2003
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159 - 01 October 2003
GAO report “dispels trial lawyers myths”
The GAO report into medical malpractice insurance has been welcomed by the Physician Insurers Association of America (PIAA), a trade association of more than 60 professional liability (medical malpractice) insurance companies.
The PIAA said that the..
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01 October 2003
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159 - 01 October 2003
GAO on US medical malpractice insurance crisis
In a new report, entitled “Multiple Factors Have Contributed to Increased Premium Rates,” the US General Accounting Office (GAO), has concluded that the main factor in the increase in premium rates is growing claims costs. The report..
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01 October 2003
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159 - 01 October 2003
10% of Canadians have had RSI
One out of every 10 Canadian adults had a repetitive strain injury (RSI) serious enough to limit their normal activities in 2000/01, according to a new study.
An estimated 2.3mn people aged 20 or older reported having had an RSI at some point in the..
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01 October 2003
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159 - 01 October 2003
Medical groups at risk from cutting coverage
Medical groups in the US may be at financial risk as they trim coverage to reduce costs, due to rising costs for reinsurance and medical stop-loss coverage.
According to Charles Crispin, president, Evergreen Re, a managed care consulting firm and..
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01 October 2003
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159 - 01 October 2003
No autism increase from MMR
Researchers at University College London have concluded that the MMR vaccine has not triggered an increase in the number of children being diagnosed with autism.
The study, “Prevalence of autism and parentally reported triggers in a north east..
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01 October 2003
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159 - 01 October 2003
Hep C victims get Government assistance
Health Secretary John Reid has announced that his department is to establish a financial assistance scheme for people infected with Hepatitis C as a result of being given blood products by the NHS.
Mr Reid said: “After becoming Secretary of..
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01 October 2003
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159 - 01 October 2003
US company sued over heart valves
The British Medical Journal has reported that St Jude Medical, a manufacturer of heart valves and pacemakers, is facing a lawsuit in the UK over its Silzone heart valves. The valves were discontinued after a recall in January 2000.
The company being..
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01 October 2003
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159 - 01 October 2003
Dietary fat and breast cancer link
A report in the Lancet has examined data on the relation between total and saturated fat consumption and breast cancer risk. The report noted that although pooled analyses of cohort studies indicate that no association exists, the researchers found..
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01 October 2003
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159 - 01 October 2003
Factual alternatives raised in formal pleadings
The Court of Appeal that a party could raise factual alternatives in the formal pleadings of his case, but only if there was evidence for the particular pleading, and in particular where the alternative was raised by his opponent’s own..
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01 October 2003
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159 - 01 October 2003
Pedestrian rarely more liable than drivers
The Court of Appeal ruled that it should be rare for a pedestrian to be found more responsible than the driver for injuries arising from a road traffic accident. This was unless the pedestrian had suddenly moved into the path of an oncoming..
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01 October 2003
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159 - 01 October 2003
No escape for liability for solicitors
Solicitors who failed to administer an estate under a will should not be able to escape liability for damages simply because there was a difference between the person who instructed them, and the beneficiary who suffered the alleged damage.
The..
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01 October 2003
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159 - 01 October 2003
No case to answer rarely appropriate
The Court of Appeal held that it would only rarely be appropriate to make a submission of no case to answer to an employment tribunal hearing a complaint of unfair dismissal, and it should be even more rare for such a submission to succeed.
The case..
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01 October 2003
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159 - 01 October 2003
Employment tribunal has no jurisdiction for soldier
An employment tribunal ruled that it had no jurisdiction in a complaint of racial discrimination because the complainant had not first presented a complaint under the army’s internal procedures. The Employment Appeal Tribunal dismissed the..
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01 October 2003
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159 - 01 October 2003
Defendant not liable as risk not foreseeable
The Court of Appeal dismissed an appeal by an employee against a decision dismissing a claim for depressive illness. The employee claimed a promised new work system, reducing workloads, was not implemented on her return from holiday.
The original..
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01 October 2003
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159 - 01 October 2003
One claim or two on PI policy
The case concerned the question of whether there were one or two claims under a mitigation costs extension to a professional indemnity policy. The insured argued that it had two separate claims under the policy because there were two separate design..
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01 October 2003
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159 - 01 October 2003
Procedural failure not enough to set aside proceedings
Unless substantial unfairness had occurred, a procedural failure was not to lead to proceedings being quashed or set aside. In this case, an employment tribunal failed to alert a litigant to a material and relevant reported authority to which it..
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01 October 2003
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159 - 01 October 2003
Appeal to go back to tribunal
In a case where a claimant was refused a full hearing by the Employment Appeal Tribunal at a preliminary stage, but was then granted permission by the Court of Appeal to appeal on procedural and practice grounds which the respondent sought to..
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01 October 2003
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159 - 01 October 2003
Duty of care owed by those who broked the risk
In this case, the Court of Appeal ruled that the defendant insurer should be allowed to bring into proceedings the company that actually broked the risk and the employers of those who had done the main broking work.
It ruled that brokers placing..
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01 October 2003
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159 - 01 October 2003
Client can sue solicitor despite joint fraud
A client was not precluded from suing his solicitor for negligent conveyancing, even though he was jointly engaged with his solicitor in a fraud. The Court of Appeal allowed the appeal of the claimant against the decision of a judge to strike out..
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01 October 2003
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159 - 01 October 2003
Widow cannot take up husband’s withdrawn claim
The Court of Appeal ruled that no discretion under section 33 of the Limitation Act 1980 to disapply sections 11 and 12 of the Act, where an action was timeously begun by an injured person but failed before his death, in order to allow his widow to..
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01 October 2003
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159 - 01 October 2003
Insurer can sue for loss of chance of sale
An insurance company could sue its auditors for the loss of chance of sale of its business suffered by the negligence of the auditors in the preparing the accounts of the company.
The Court of Appeal said that novel points of law should be based on..
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01 October 2003
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159 - 01 October 2003
Tribunal can hear police sex discrimination claim
The Court of Appeal ruled that an employment tribunal has jurisdiction to hear a claim by a police officer in respect of allegations of discriminatory acts by fellow officers under the Sex Discrimination Act 1975.
The Court of Appeal dismissed an..
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01 October 2003
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159 - 01 October 2003
Speeding policeman gets £90,000 damages
A court has awarded damages of nearly £90,000 to a former policeman involved in a crash during a high speed chase in a police car. The police car hit another car which had failed to give way despite siren warnings. The policeman suffered a neck..
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01 October 2003
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159 - 01 October 2003
Settlement in US race discrimination case
A US chain of hair salons has made a voluntary pre-litigation settlement of $3.5mn in a race discrimination case supported by the US Equal Employment Opportunity Commission.
The case involved an African American who claimed that he was sacked for..
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01 October 2003
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159 - 01 October 2003
Passive smoking settlement
A man who worked at a casino is reported to have received an out-of-court settlement of around £50,000 after he developed asthma, allegedly because of passive smoking at work. He was backed by his union, the GMB, in the more than three year..
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01 October 2003
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159 - 01 October 2003
Catholic church pays out $85mn
In the long running scandal over Catholic priests and sexual abuse, the Boston Archdiocese has agreed an $85mn settlement with over 500 people who claim that they were sexually abused by Roman Catholic priests.
Reports suggest that the agreement..
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01 October 2003
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159 - 01 October 2003
Subject of obscene emails gets compensation
A woman who was the subject of obscene emails at work has received £10,000 compensation after settling her sexual harassment case against her former employer. Her case was supported by the Equal Opportunities Commission (EOC).
The woman..
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01 October 2003
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159 - 01 October 2003
Award for vibration white finger
A former railway worker has been awarded £212,829 damages after developing vibration white finger. The man, aged 42, had been medically retired four years ago after 14 years employment on the railways.
He developed the permanent disease from..
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01 October 2003
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159 - 01 October 2003
Compensation for gravestone victim
Compensation of £33,000 has been paid by a council to the parents of a young boy who was crushed to death by a gravestone which fell on him. The council made the out-of-court settlement without admitting liability. It was reported that the..
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01 October 2003
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159 - 01 October 2003
Nurse in trolley accident
A nurse has been awarded £23,000 compensation by her employers in an out-of-court settlement, after she was injured when a hospital trolley collapsed.
The nurse was moving a trolley carrying an ECG machine worth several thousand pounds when a..
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01 October 2003
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159 - 01 October 2003
Exxon Valdez punitive damages thrown out
The US Ninth Circuit Court of Appeal has thrown out a punitive damage award against Exxon Mobil related to the 1989 oil spill from the Exxon Valdez. The original $5bn punitive damage award for local fisherman was thrown out previously by the Court..
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01 October 2003
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159 - 01 October 2003
Landmark skin cancer cases in Australia
Two landmark cases in Australia involving employers being sued by employees over skin cancer, may see a number of further lawsuits according to reports.
A postman who claimed that his work contributed to his skin cancer has settled with his..
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01 October 2003
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159 - 01 October 2003
Trip woman fails in liability case
A couple who were sued by a woman who tripped on the pavement outside their house have won the case. The woman sued the couple and the council for breach of their statutory duty to repair the pavement. According to the couple’s barrister,..
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01 October 2003
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159 - 01 October 2003
Council sued over burglaries
A council are to be sued by a couple who have faced nearly 200 incidents of burglary and vandalism. They are suing the council for around £750,000. They allege that the council is to blame because of its mismanagement of a local..
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01 October 2003
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159 - 01 October 2003
McDonald’s obesity case thrown out
The obesity lawsuit in the US against McDonald’s Corp has been dismissed. The lawsuit claimed that the fast food company’s products, and in particular its advertising resulted in obesity in children. However, the judge said the..
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01 October 2003
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159 - 01 October 2003
Stress claims from riot detention centre
The GMB union is suing Group 4 over riots at a detention centre run by the firm. The union is suing on behalf of members who were employed at the centre, who claim to have suffered post-traumatic stress disorder. Around 30 workers are believed to be..
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01 October 2003
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159 - 01 October 2003
Killer gets compensation from hospital
The British Medical Journal reports that the New South Wales’s Supreme Court has awarded $A300,000 to a man who stabbed his brother’s fiancée in a rage just six hours after being released from a mental hospital. The man was awarded..
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01 October 2003
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159 - 01 October 2003
Aggregate decision in pensions mis-selling cases
A major court case between a company and its captive insurer will have a dramatic impact not only on the relevant issue of pending pensions mis-selling claims, but will also affect all insurance policies containing aggregation provisions in similar..
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01 October 2003
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159 - 01 October 2003
Insurers to pay up for implant lawsuits
The Minnesota Supreme Court has ruled in favour of Minnesota Mining and Manufacturing over its case against insurers over coverage of breast implant lawsuits. The court ruled that the group of insurers was liable, and will have to pay up to $250mn..
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01 October 2003
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159 - 01 October 2003
Former patients of struck off doctor sue
The General Medical Council is to be sued by the former patients of a surgeon who should have been stopped from working in the UK, after he was struck off in Canada. However, an error by the Council allowed him to continue working in the UK for more..
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01 October 2003
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159 - 01 October 2003
UPS sued over gay discrimination
United Parcel Service of America Inc (UPS) is being sued by a gay man who alleges that he was not allowed to participate in a corporate policy that lets employees relocate to another city to avoid splitting families when partners have job..
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01 October 2003
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159 - 01 October 2003
Hoverspeed to sue Customs and Excise
Customs and Excise is to be sued by Hoverspeed for around £30mn, because of the campaign against alcohol and tobacco smuggling. Hoverspeed claims that the campaign in Dover is putting people off travelling across the Channel because it is..
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01 October 2003
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159 - 01 October 2003
Silica – the new asbestos?
It has been reported that there has been a huge rise in lawsuits in the US against companies that produce silica, an ingredient of builder’s sand.
Lawyers claim that silica could be as deadly as asbestos.
The Times reported that the number of..
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01 October 2003
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159 - 01 October 2003
Refusal of permission to appeal
If a claimant subject to an Extended or General Civil Restraint Order continues to make unmeritorious applications, a High Court Judge or a designated civil Judge can direct that his decision is final and that no appeal court would have jurisdiction..
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01 October 2003
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159 - 01 October 2003
A General Civil Restraint Order
This is a new order introduced by the Court of Appeal which can be made when an Extended Civil Restraint Order does not prove sufficient to restrain the claimant’s conduct. It restrains the claimant from commencing any action or application in..
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01 October 2003
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159 - 01 October 2003
An Extended Civil Restraint Order (formerly called an extended Grepe v Loam order)
This order was established in Ebert v Venvil
(2000). This can be made in the Court Appeal, High Court and County Court and extends not only to applications in the current proceedings, but also to new applications, or other steps in new proceedings,..
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01 October 2003
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159 - 01 October 2003
A Civil Restraint Order (formerly called a Grepe v Loam order)
This prevents the issue of further applications within a single set of proceedings without the permission of a nominated Judge and usually lasts for the duration of the proceedings. Any application made without permission is regarded as dismissed..
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01 October 2003
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159 - 01 October 2003
Strike out under Rules 3.3 and 3.4 of the Civil Procedure Rules
This is probably the first step to consider when faced with proceedings or an application which appear to be vexatious in character. Judges are also encouraged to be alert to cases where it might be appropriate to use their initiative to strike out..
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01 October 2003
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159 - 01 October 2003
Options for defendants
In Bhamjee v Forsdick & Ors
, (in which judgment was handed down on 25 July 2003), the Court of Appeal revisited and extended the existing options available to defendants and provided guidance on which measures the court should adopt, depending..
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01 October 2003
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159 - 01 October 2003
The background
There is a small but disproportionately problematic number of claimants who place a significant burden on organisations and the courts by bringing legal proceedings or multiple applications within those proceedings time and time again which have..
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01 October 2003
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159 - 01 October 2003
Dealing with vexatious claimants
The courts have finally tackled the issue of so-called “vexatious” claimants, in a case which saw the Court of Appeal extend the existing options available to defendants and introduced a new one.
The changes, and the case leading up to..
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01 October 2003
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159 - 01 October 2003