i-law

Liability Risk and Insurance

Aviation insurance market figures from Aon

The latest newsletter from Aon’s Aviation Consultancy & Reinsurance Services says that 2005 average fleet values show an increase of approaching 6.2% when compared to 2004. Net hull premiums (lead terms) 2005 are down by around 10% when..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Converium in fronting arrangement over GAUM pool

Converium has completed an aviation fronting arrangement with National Indemnity Company and Munich Re, which ensures Converium’s continued participation in the pool of Global Aerospace Underwriting Managers Limited (GAUM) until September 30,..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Hardy points to aviation market changes

Hardy Underwriting has said that in the aviation market, its statistics “would suggest that, in the long term, many insurers can not possibly make a profit at the rates that they have been offering.” The sector has recently had a number..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

D&O claims on increase, says Aon survey

The number of claims in the directors’& officer’(D&O) insurance market is increasing with shareholders of US listed companies identified as one of the biggest areas of concern, according to a survey of European headquartered..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Premium rates down for solicitors at October renewal

Law firms in England and Wales have been required to purchase higher levels of compulsory professional indemnity insurance at this year’s renewal (1 October), but have not experienced an increase in overall spend due to lowering premium rates,..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

EU survey on general liability from Aon

Multinational companies looking for protection against their liabilities demand greater innovation from the insurance industry and would like to see underwriters respond to emerging risks by offering broader cover and new products. This is one of..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Markel International opens Spanish branch

Markel International has announced the opening of its Spanish branch, Markel International España. The branch will initially focus on five professional liability products covering: Directors’ & Officers’; Technical..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Babies have rights but are reluctant to sue

Where are the ambulance chasing claims firms and lawyers when you want them? Don’t they know that there are babies crying out for representation? With recent headlines referring to babies’ human rights being infringed, one would have..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Rehabilitation – it’s time to grasp the nettle

Dr Edmund Bonikowski, a consultant physician and founder of rehabilitation services provider, Kynixa.
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Personal injury lawyers – a dying breed?

A survey has found 70% of lawyers believe they will still be practising in five years time – yet those who believe they will continue to work in the personal injury field has fallen by nine% since 2001. The survey, carried out among members of..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Small claims appeal consultation paper from DCA

People appealing against small claims cases will be protected from having to pay legal costs under proposals published by the Department for Constitutional Affairs. A consultation paper, “Changes to Civil Appeal Rules,” proposes that..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

ISO launches new version of Claims Outcome Advisor

Insurance Services Office (ISO) Limited, the UK provider of personal injury claims and anti-fraud insurance services and solutions, has launched COA 3.2.2, a new version of its successful Claims Outcome Advisor solution. COA 3.2.2 incorporates..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

APIL launches public information campaign

The Association of Personal Injury Lawyers has launched a nationwide public information campaign which will direct injured people towards qualified, accredited personal injury lawyers. It will run alongside a new scheme which will assess lawyers..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

ABI welcomes EEF report on EL

The report from the EEF has been welcomed by the Association of British Insurers (ABI). The Association said that the report strengthened its call for reform of the employers’ liability insurance market and the personal injury compensation..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

EEF calls for EL reform despite premium falls

A survey of 804 companies by the manufacturers organisation EEF shows that “the galloping increases” in employers’ liability in recent years have eased. The survey showed that 62% of respondents enjoyed a decrease in premium or no..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Call for health warning for SUVS

Sports utility vehicles (SUVs) should carry health warnings to raise awareness of the increased risk to pedestrians compared with ordinary cars, according to researchers from Trinity College Dublin Writing in the British Medical Journal, the..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Research into speeding teenagers

Motor insurers might be interested in recent research from the US. Apparently, teenage drivers - both males and females - were more likely to tailgate and exceed the speed limit if there was a teenage male passenger in the front seat, according to a..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Government continues crackdown on uninsured drivers

New proposals will make it an offence to own a car which is neither insured nor registered as off the road. The police will identify and prosecute uninsured motorists using a database of all registered vehicles in the UK.The new proposals will be..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Say sorry after accident, says Norwich Union

A new report from Norwich Union has revealed that not saying sorry after a motor accident costs UK motorists at least £28mn a year.The new ‘Sorry! Report’ said that although nearly nine out of 10 (88%) motorists claim they want to..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Road casualty report for 2004 from DoT

The Department for Transport has published “Road Casualties Great Britain 2004 Annual Report” which contains detailed information on the number of people killed and injured on the roads in Great Britain in 2004, based on information..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Work-related road traffic accident report from DoT

Road traffic accidents whilst at work are the single largest cause of occupational fatality in the United Kingdom. This is according to a Road Safety Research Report produced by the School of Psychology at the University of Nottingham for the..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Equitable Life abandons case against E&Y

Equitable Life has abandoned its legal action against auditor Ernst & Young (E&Y) after receiving “firm advice” from its legal team. Equitable Life said it had concluded that “the risk of establishing audit failure but not..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Bullying rife in UK organisations

Bullying is rife across UK organisations, according to research published by the Chartered Management Institute. The survey, which questioned 512 executives in public and private sector organisations, revealed that many senior managers are victims..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Global work-related accident/disease figures from ILO

Some 2.2mn people die of work-related accidents and diseases each year, according to a new report from the International Labour Office (ILO), adding this number may be vastly under estimated due to poor reporting and coverage systems in many..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

New hand-arm vibration guide from HSE

The Health and Safety Executive (HSE) has published a comprehensive guide on Hand-arm vibration (HAV). The guide, “Hand-arm vibration: Control of Vibration at Work Regulations 2005,” gives advice about what needs to be done to reduce and..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

HSE dispels window cleaners’ ladder myth

A recent BBC Newsnight programme included a spokesman from the Health and Safety Executive (HSE) who dispelled the myth that window cleaners can no longer use ladders because they are banned by the Work at Height Regulations (WAHR). Since the..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

EU considers banning uninsured ships

An EU official has said that the EU is considering banning any ship that does not have recognised third party liability insurance from EU ports. Christos Economou, head of the maritime transport and safety unit in the energy and transport..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

ACE Environmental Risk launched

ACE has launched ACE Environmental Risk (AER) “to help European organisations better manage their environmental liabilities and risks in the face of increasing EU regulation.” The European Union’s Environmental Liability Directive..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Asbestos trust fund will be bankrupt, says study

A study of The Fairness in Asbestos Injury Resolution (FAIR) Act of 2005, by consulting firm Bates White, has found that there is a substantial financial shortfall with the proposed legislation. The study found that the US FAIR Act, which will..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Smoking ban exemptions do not prevent legal action

Thompsons has warned that exempting pubs and clubs that do not serve prepared food from a smoking ban will not protect them from legal action on behalf of workers made ill from cigarette smoke. Thompsons, which describes itself as the UK’s..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

European Food Safety Authority opinion on Avian flu

The European Food Safety Authority’s (EFSA) Panel on Animal Health and Welfare (AHAW) has published a scientific opinion and report on the risks of Avian Influenza (AI) entering and spreading amongst the poultry population in Europe. The..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Link between occupations and neurodegenerative diseases

An article in the American Journal of Industrial Medicine has looked at the associations between occupations and neurodegenerative diseases. It has found that occupations with the largest mortality odds ratios (MOR) for presenile dementia were..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Work-related cancer figures questioned by new research

The University of Massachusetts Lowell has released a report that links dozens of environmental and occupational exposures to nearly 30 types of cancer. The new study by the University’s Lowell Center for Sustainable Production reviewed..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Research on dental surgery and vCJD risk

The Health Protection Agency is to begin research to identify whether vCJD, the human form of mad cow disease, can be passed on through dental surgery. The government stresses that the risk is believed to be small, but tests will be carried out on..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

RSI a major pain for workers and bosses, say physios

The Chartered Society of Physiotherapy (CSP) has released new figures showing that the number of employees suffering from potentially debilitating work-related upper limb disorders, known as Repetitive Strain Injuries (RSI), is on the..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Ageism research from Age Concern

Ageism is under-researched compared with other types of prejudice and there has been no previous systematic national survey of age-related prejudice. This is according to Age Concern which has undertaken a comprehensive research programme in..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Businesses have mountain to climb over age discrimination

What have Richard Branson, Hillary Clinton and Tony Blair all got in common? Rather than being at the peak of their profession, a new report published by law firm Eversheds and Cranfield School of Management suggests that they would all be..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Impact of the Age Discrimination Act on employers

Businesses operating in the youth market face the biggest problems in meeting the requirements of the Age Discrimination Act, due to become law in the UK in October 2006, according to JLT Risk Solutions. “It is clear that whilst these changes..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

No contribution from site owner

A man who fell from a roof where he was working brought an action against his employer alleging various breaches of the Construction (Health, Safety & Welfare) Regulations 1996 (the 1996 Regulations) and negligence. The claim was settled. The..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Breach of Regs does not mean civil liability

A company made a claim after a fire, allegedly caused by faulty equipment, caused extensive damage.The claim was made against the supplier of the equipment and was brought under the Supply of Machinery (Safety) Regulations 1992 (the 1992..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

No damages for exacerbation of condition

A former soldier suffered post-traumatic stress disorder (PTSD) following an incident during a tour of duty of Northern Ireland. Shortly before he gave notice of termination of his service he was arrested and court martialled for possession of..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

CFAs unenforceable where legal aid option not advised

Conditional fee agreements (CFAs) were unenforceable where the claimants’ solicitors had failed to properly advise them as to the availability of, and their entitlement to, legal aid. The actual availability of legal aid had rendered..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Assessing contribution in damages

Although section 2 of the Civil Liability (Contribution) Act 1978, which enabled a court to assess the amount of contribution to be paid by a person liable in respect of any damages to recover contribution from any other person liable in respect of..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Judge failed to adequately provide reasons for findings

A personal injury claim arose from a road traffic accident. The claimants were passengers in the first defendant’s vehicle. The first defendant failed to stop at a junction, and collided with another vehicle, causing injury to the..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Danish air force pays out to Santa

Sometimes a story comes along that is so shocking it is almost too hard to bear. The Danish air force has admitted causing the death of Rudolph the reindeer and has paid compensation to Father Christmas. Olovi Nikkanoff, one of Denmark’s..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

£1.6mn for sacked hospital consultant

A hospital consultant has been awarded more than £1.6mn compensation for unfair dismissal and racial discrimination. The consultant obstetrician was sacked in 1998. The Trust was ordered to reinstate her to her position. She left her job this..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Six figure payout for mesothelioma widow

The widow of a man who died from mesothelioma has received a reported six-figure payout from the Home Office in an out-of-court settlement.The man was a carpenter who worked for 30 years at an open prison where he was regularly exposed to asbestos..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Calls for review of criminal injuries compensation system

Lawyers are calling for an urgent review of the system which awards compensation to victims of criminal injury after a young boy, who was left severely disabled after being attacked as a baby by his mother’s boyfriend, received just..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

$3mn compensation for US sex discrimination case

A federal judge in the US has ordered the Dial Corporation to pay over $3mn to resolve a sex discrimination suit brought by the Equal Employment Opportunity Commission (EEOC) against The Dial Corporations Armour Star Meat Packing plant in Fort..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Damages for failure to accept flexible work options

A part-time payroll worker whose employer demanded she start working full time and refused to consider suitable flexible work options was awarded £29,294 in damages by a Southampton employment tribunal. Her case was supported by the Equal..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

School acts after door injury payout

A primary school has banned parents from entering the school, and says they must wait by the school gates. The move follows an award of £22,000 in compensation to a parent who was hit by a door, which was caught by a gust of wind.The parent..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

£42,000 award over £40 photo-copying bill

A town clerk who was sacked over a bill of £40 for photocopying has been awarded £42,000 in an out-of-court settlement. An employment tribunal ruled that she was unfairly dismissed and that her dismissal was politically motivated. She was..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Mortuary technician wins £15,155

A mortuary technician has won £15,155 at an employment tribunal.The technician reportedly developed a fear of dead bodies and an unhealthy obsession with death, and as a result, asked to be transferred to another department. However, the..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

£750,000 for virus from defective blood

A man who contracted a virus during an operation at a private hospital has been awarded £750,000. He contracted Lymphotophic Virus Type 1 (HTLV-1) after he was given a blood transfusion during surgery for pancreatitis. The National Blood..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Catholic doctor wins £20,000 in settlement

A Catholic doctor who failed to be appointed to the post of consultant physician at Ulster Hospital has won £20,000. He had lodged a complaint in the Fair Employment Tribunal alleging unlawful religious and political discrimination. The case,..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Award for employee’s flexible working claim

Telewest has agreed to pay £19,500 in compensation after refusing to grant an employee suitable flexible working arrangements to allow her to care for her baby. The employee was supported by the Equal Opportunities Commission (EOC). Telewest..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Sally Clark to sue post-mortem pathologist

Sally Clark, who spent three years in jail for the murder of her two baby sons before being cleared, is reported to be suing the pathologist who carried out post-mortems on her sons for damages. The case is being brought under the 17th century..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Sainsbury’s facing £1.8mn claim for unfair dismissal

Sainsbury’s is being taken to an employment tribunal over claims that a member of its board bullied a disabled business analyst into accepting a job that made her more ill. The former Sainsbury’s analyst is claiming more than £1.8mn..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Sexual discrimination settlement at sports firm

A woman has received an undisclosed settlement from her employer, a sports clothing company, over her claim for sexual discrimination.The employee, a senior buyer, claimed that she was pressured into returning to work after having a baby. She has..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Football Association secretary loses case at tribunal

Faria Alam, the former Football Association secretary, has had her claims for sexual harassment, unfair dismissal and breach of contract rejected by an employment tribunal. The decision to reject her claim of sexual discrimination had been..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Tall man loses air traffic control discrimination case

A man who had his job offer to train as an air traffic controller retracted because of his height has lost an employment tribunal.The man was due to train at the National Air Traffic Control Centre but it was decided that it would be too dangerous..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

Business loses confidence in employment tribunal system

Business is losing confidence in the employment tribunal system despite much-needed reforms to tackle Britain’s burgeoning compensation culture, according to the Confederation of British Industry (CBI). A new report from the employers’..
Online Published Date:  01 October 2005
Appeared in issue:  182 - 01 October 2005

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