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Funding Litigation with Legal Expenses Insurance
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01 September 2002
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146 - 01 September 2002
Aspects of Liability Claims Handling
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01 September 2002
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146 - 01 September 2002
Professional Indemnity: Analysis and Rationale
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01 September 2002
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146 - 01 September 2002
Insurance of Directors’ and Officers’ Liabilities
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01 September 2002
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146 - 01 September 2002
Jaffray appeal fails, Lloyd’s still faces actions
The Court of Appeal, in Jaffray v Lloyd’s
, has upheld earlier decisions, clearing Lloyd’s of fraudulently enticing Names into the market while knowing of huge asbestos liabilities.
The remaining 216 disgruntled Names, having rejected..
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01 September 2002
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146 - 01 September 2002
Australia considers price intervention
Proposals before the Federal government would give the Australian Competition and Consumer Commission the power to intervene on behalf of consumers where they believe insurance contracts carry disproportionate price increases. This will be..
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01 September 2002
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146 - 01 September 2002
Solicitors’ expenses claims at risk
With the significance of the Peterborough County Court ruling uncertain, solicitors could lose out on legal expenses claims totalling £500mn.
District Judge Wharton held that solicitors in the case at issue were not entitled to claim expenses..
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01 September 2002
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146 - 01 September 2002
Excess elite
This new excess liability product, from AIG Europe, provides for up to £35mn per section for Public/Products Liability, Employers Liability and Third Party Motor. It also includes additional client services:
crisis communication cover where..
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01 September 2002
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146 - 01 September 2002
Extention of Pool Re
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01 September 2002
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146 - 01 September 2002
Lloyd’s Central fund reinsurance triggered
Lloyd’s is pressing reinsurers for speedy reimbursement following Central Fund payments of £100mn, mainly in respect of 11 September claims. The Central Fund, reinsured by Swiss Re, Chubb Corp, St Paul, XL Re, Employers Re and Hannover..
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01 September 2002
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146 - 01 September 2002
Lloyd’s to review deposit levels
Coinciding with a call from the Association of Lloyd’s Members (representing 5,000 names), Lloyd’s is to review the level of guarantee deposits required from corporate investors before entering into underwriting. Under current rules they..
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01 September 2002
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146 - 01 September 2002
Insurers’ response to liability crisis
Following approaches from government officials, the Association of British Insurers (ABI) and the British Insurance Brokers’ Association (BIBA) are to hold a seminar on 6 September aimed primarily at higher risk industries who are most..
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01 September 2002
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146 - 01 September 2002
Land swap mooted
Already controversial design and rebuilding on the World Trade Center site could be delayed by the Swiss Re/Silverstein ‘events’ wrangle. The current lease from the Port Authority requires redevelopment to include 11mn sq ft of office..
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01 September 2002
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146 - 01 September 2002
AIG pays Olympic-related costs
National Union Fire, a unit of AIG, has paid US$4mn to reimburse the Salt Lake City Winter Olympics committee’s costs in defence of federal charges of bribery. The committee had launched legal action against the insurer last year alleging..
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01 September 2002
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146 - 01 September 2002
Bankruptcy trustee not part of the company
National Union Fire Insurance of Pittsburgh (a member of AIG) sought to avoid cover for the defence of directors and officers of a bankrupt retailer, County Seat Stores Inc, as this was excluded in the policy terms. However, bankruptcy court judge..
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01 September 2002
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146 - 01 September 2002
Fitch highlights under-reserving: insurers taking action
Fitch ratings agency estimates that the US property/casualty insurance industry is under-reserved by US$35bn for its ultimate asbestos liabilities. While it expects this to have a moderate to negative impact on credit ratings it does not see it as..
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01 September 2002
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146 - 01 September 2002
Replacement of liquidators
This should not be regarded as easy where conduct had merely fallen short of the ideal in a few respects. To allow too easy replacement would encourage applications from disgruntled creditors.
AMP Enterprises Ltd v Hoffman and Another •..
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01 September 2002
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146 - 01 September 2002
New asbestos at work regulations
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01 September 2002
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146 - 01 September 2002
ADR saves government money
The use of alternative dispute resolution (ADR) in a mere 49 cases has saved the government £2.5mn in legal costs according to research by the Lord Chancellor’s Department. The majority were conducted by the National Health Service..
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01 September 2002
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146 - 01 September 2002
Mortgage regulation talks
The Financial Services Authority (FSA) has commenced talks with representative of the mortgage industry on the implementation of proposed regulations. These will cover only the traditional owner-occupier mortgage, omitting buy-to-let or home..
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01 September 2002
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146 - 01 September 2002
Consultation on unfair contract terms
The Law Commission has published a consultation paper proposing reforms of the law on unfair contract terms. These include:
Replacing the Unfair Contract Terms Act (1977) and Unfair Terms in Consumer Contracts Regulations (1999) with a single piece..
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01 September 2002
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146 - 01 September 2002
Third parties: rights against insurers
The government has accepted the Law Commission’s proposals for reform of the Third Parties (Rights Against Insurers) Act (1930).
Under the present position a third party must first establish the liability of the insured before receiving..
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01 September 2002
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146 - 01 September 2002
Recoverability of ATE premiums
Drawing attention to ‘a far greater underlying problem’ than premiums Judge Peter Hurst cited the ratio of costs to compensation in simple claims for modest damages. This in deciding issues within 20 Claims Direct test cases out of many..
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01 September 2002
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146 - 01 September 2002
St Paul reports 2nd quarter loss
Shortly after Standard & Poor’s downgraded St Paul’s counterparty credit rating from A- to BBB+, lowering the rating on subsidiaries and defining the outlook on all as negative, the second quarter showed a net loss of US$233mn...
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01 September 2002
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146 - 01 September 2002
Big US firms move to captives
A major overview in the Wall Street Journal of 1 August 2002 by staff reporter Christopher Oster notes the move of many big firms into captive insurance, and of others to go without cover and hope for the best. And both are in effect betting that it..
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01 September 2002
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146 - 01 September 2002
Car design danger remains
Test results from the European New Car Assessment programme show that manufacturers still neglect pedestrian safety considerations in the design of vehicles. Only one of 17 popular models (the Honda CR-V) was rated above the lowest category of..
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01 September 2002
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146 - 01 September 2002
Ban on drivers’ use of phones
Following new research confirming additional risk of accident where drivers use hand-held phones, the government has changed stance and issued a 3-month consultation document on legislation on 20 August. Part of the consultation will address any..
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01 September 2002
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146 - 01 September 2002
Joint liability in road accidents?
Following the growing trend to seek redress in the civil courts where criminal action apparently fails, the family of a 73-year-old victim of a hit-and-run accident Jimmy Mulligan plan to sue the two men who were in the car. Criminal action was..
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01 September 2002
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146 - 01 September 2002
Insurers phlegmatic on cyclist protection
The Association of British Insurers (ABI) sees little cause for alarm in the proposed European moves to place automatic responsibility onto motorists for harm suffered by cyclists or pedestrians, even if they are at fault. ‘Cyclists are..
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01 September 2002
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146 - 01 September 2002
WorldCom figure rises
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01 September 2002
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146 - 01 September 2002
Merrill settles with Unilever, and Sainsbury
Following last year’s £70mn settlement with Unilever after the High Court ruling on the effects of poor management on its pension fund, and the recent settlements with New York regulators and US investors on allegations that misleading..
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01 September 2002
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146 - 01 September 2002
Railtrack investors accept ‘probable’ unlawful actions
Railtrack Group shareholders have voted to accept the Government’s bid for Railtrack plc with the deal allowing recoupment of around 250p per share. In doing so, group chairman Geoffrey Howe pragmatically noted that although Mr Byers’..
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01 September 2002
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146 - 01 September 2002
Rail chairmen seek PI cover
The chairmen of two railway companies claim that they have been told by insurers that they are not ‘a viable risk’. This partly because they are seen as potential targets for litigation and partly because their organisations are..
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01 September 2002
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146 - 01 September 2002
Equitable ‘stop the clock’ deal
An action by Equitable Life policyholders, alleging that they were not told of Equitable Life’s problems and liabilities when taking out non-GAR pensions, has been put on hold in mutual agreement with the insurer. This while awaiting the..
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01 September 2002
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146 - 01 September 2002
Re-opening of mis-selling cases?
With the risk from falling stock markets that those who have already received compensation for mis-selling of pensions will still face a shortfall, not envisaged at the time compensation was set, the Consumers’ Association has called on the..
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01 September 2002
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146 - 01 September 2002
Challenge to FSA
The immunity of the Financial Services Authority (FSA) will be challenged in a test case on behalf of shareholders, policyholders and employees of Independent Insurance. This will be handled by law firm Class Action, who besides seeking to establish..
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01 September 2002
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146 - 01 September 2002
Miners’ assessments
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01 September 2002
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146 - 01 September 2002
MoD compensation payments
Record levels of compensation were paid out by the Ministry of Defence (MoD) in the year 2001–2002, totalling £91.3mn, up from £88.5mn the previous year. The highest single payment of £800,000 went to a soldier who developed a..
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01 September 2002
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146 - 01 September 2002
Less holidays, more sickness
A survey by the Chartered Institute of Personnel and Development shows UK employees taking off more sick time than ever at an average of 10 days a year.
Another survey by online job site, Reed, claims that almost half of the UK workforce fail to..
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01 September 2002
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146 - 01 September 2002
TUC publishes rehabilitation report
A report published by the Trades Union Congress with funding from the Department of Work and Pensions, based on survey of 1,200 businesses, details current rehabilitation practice and makes recommendations for the future.
Methods most commonly in..
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01 September 2002
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146 - 01 September 2002
Workplace deaths
Provisional figures from the Health & Safety Commission report a 15% drop in workplace deaths during the year 2001–2002, from 292 to 249. The figure, however, is 13% up on the year before that. Of the deaths, 30% occurred in the..
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01 September 2002
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146 - 01 September 2002
Virgin rail gets £100mn for track delays
The Strategic Rail Authority is to pay Virgin Rail an additional £100mn compensation for track conditions delaying the operation of the new high speed train. The 125mph tilting trains should have been running two months ago but necessary track..
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01 September 2002
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146 - 01 September 2002
Railtrack to fund Potters Bar compensation – pro tem
While the Health & Safety investigation continues and liability not yet allocated between three possible culprits for the seven-dead, 67-injured rail crash at Potters Bar in May, Railtrack has taken an initiative it says will avoid further..
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01 September 2002
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146 - 01 September 2002
Legionnaire’s disease
At the time of writing, the outbreak of Legionnaires’ disease in Barrow-in-Furness has led to more than 130 people hospitalised and four deaths. The focus of infection has been identified as the air conditioning system in civic buildings, and..
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01 September 2002
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146 - 01 September 2002
Fire regulations consultation
The government has issued a consultation document on proposed changes to the fire safety regime for businesses of all sorts. Developed in conjunction with the Confederation of British Industry and the Federation of Small Businesses, it can be viewed..
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01 September 2002
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146 - 01 September 2002
No earthquake at Yucca Mountain
‘There was not an earthquake at Yucca Mountain today,’ statement quoted in New Scientist of 29 June 2002.
Significant, as Yucca Mountain is the Nevada site of a planned repository for more than 70,000 tonnes of high-level nuclear waste..
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01 September 2002
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146 - 01 September 2002
MPs call for scrutiny of liability transfer
The Commons trade and industry committee has called for independent scrutiny of transfer of liabilities from British Nuclear Fuels to a new body, to see whether it represents value for taxpayers rather than a balance sheet clearance before..
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01 September 2002
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146 - 01 September 2002
Pilots with guns
The New York Times of 14 July 2002 carried a detailed analysis on the liability provisions of a bill to allow airline pilots to volunteer as federal law enforcement officers and carry guns. The legislation is expected to impose strict limits on the..
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01 September 2002
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146 - 01 September 2002
Suspect rotor blades
Initial findings of the Air Accident Investigation Branch suggest that a ‘manufacturing anomaly’ in a rotor blade of the 21-year-old Sikorsky S76 helicopter may have caused its crash into the North Sea in July, with 11 deaths. It also..
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01 September 2002
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146 - 01 September 2002
EU airlines to align liability regimes
Not immediately, despite the amendment of EC regulation 2027/97 by regulation 889/2002 coming into force in May 2002 as it will only apply when the Montreal Convention comes into force in the EU, but this is likely in the near future.
The intention..
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01 September 2002
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146 - 01 September 2002
Air safety worst for some years
Flight International’s six monthly review of airline safety shows the first half of 2002 as the worst for several years, with 716 fatalities. The 112 deaths in China Northern Airlines MD-82 have been excluded because of suspicions of sabotage,..
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01 September 2002
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146 - 01 September 2002
Asbestos contamination on scrap vessel
Environmental organisation Greenpeace has sought an injunction to force the French government to bring back to France an asbestos contaminated vessel awaiting scrapping in Turkey. Greenpeace alleges that France is in contravention of European Union..
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01 September 2002
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146 - 01 September 2002
The ‘word’ on mold treatment
‘On the seventh day the priest shall return to inspect the house. If the mildew has spread on the walls, he is to order that the contaminated stones be torn out and thrown into an unclean place outside the town. He must have all the inside..
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01 September 2002
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146 - 01 September 2002
Strapped superfund in state deal
Lacking funds to arrange safe drinking water for 150 homes near the Solitron Microwave site near West Palm Beach in Florida, the US Environmental Protection Agency have struck a deal with the state of Florida. In return for credits against future..
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01 September 2002
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146 - 01 September 2002
First settlement for MTBE pollution
The US$28mn settlement by Shell Oil with Californian public utility, South Tahoe Public Utility District, for water pollution is potentially precedent-setting for dozens of similar suits around the US. South Tahoe has actually netted around US$69mn..
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01 September 2002
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146 - 01 September 2002
GM crop mix-up
Fourteen genetically modified (GM) crop trial fields in England and Scotland have been discovered to be sown with unauthorised seed. It seems that two varieties of seed were inadvertently mixed before supply by Aventic CropScience. With no apparent..
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01 September 2002
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146 - 01 September 2002
EPA expand toxic clean-up
The Environmental Protection Agency (EPA) is to expand its cleanup programme for the WTC area of New York. Previously only cleaning asbestos found in premises, it will now test 250 apartments at random for other potential toxins and will clean..
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01 September 2002
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146 - 01 September 2002
First family to accept federal com-pensation
The unnamed family of a financial services worker in his 20s has accepted US$1.4mn from the federal Victim Compensation Fund. This was calculated taking account of his earning potential based on his salary of US$60,000 a year at time of death. The..
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01 September 2002
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146 - 01 September 2002
‘Fondling bare bottom… not part of the practice of law’
This the successful plea of insurer rejecting a claim for indemnity of US$250,000 from lawyer Milo Altschuler found guilty of sexual assault. According to a report in the ‘Connecticut Law Tribune’ he had spanked his female client’s..
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01 September 2002
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146 - 01 September 2002
£100,000 for Pennsylvania miners
The nine Pennsylvania miners, spectacularly rescued after being trapped by flooding in old mine workings, have each received £100,000 for their story – sold to Walt Disney Inc.
When the euphoria of rescue abates there could well be claims..
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01 September 2002
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146 - 01 September 2002
NHTSA TO investigate GM vehicles
The National Highway Traffic Safety Administration (NHTSA) is to conduct an engineering analysis of almost half a million vehicles manufactured by General Motors. This in response to 1,238 customer complaints, citing accidents and injuries allegedly..
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01 September 2002
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146 - 01 September 2002
Columbine drug action
A victim of the Columbine High School shootings is seeking class action status for a suit against Solvay Pharmaceuticals, makers of antidepressant drug Luvox. This despite most of the surviving victims having pulled out of the move.
The suit alleges..
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01 September 2002
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146 - 01 September 2002
Gunshot research: suit upheld
A new report from the Packard Foundation will be used to support anti-gun manufacturer litigation. It shows that gunshots are the second leading cause of death (after car accidents) among children in the US aged 10 to 19. The report argues that the..
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01 September 2002
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146 - 01 September 2002
Enron executive in deal
Michael Kopper, former managing director of Enron Global Finance, has agreed with federal prosecutors to plead guilty to two conspiracy charges, return US$12mn ‘criminally derived’ assets and testify against other defendants including..
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01 September 2002
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146 - 01 September 2002
Enron aided by Citigroup and JP Morgan?
Senate investigations have brought to light further evidence on the involvement of financial giants in the Enron affair. Investigators believe that Enron took huge loans disguised as income, Citigroup and JP Morgan alone making loans worth US$8bn..
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01 September 2002
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146 - 01 September 2002
New York sidewalk falls
A special report in the New York Daily News of 1 July 2002 focuses on those sidewalk areas repeatedly cited in compensation claims for trips and falls. In recent years more than 30 people have fallen in the same stretch by the junction of 42nd..
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01 September 2002
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146 - 01 September 2002
Other firms may cover Kmart’s workers’ comp claims
If self-insured Kmart does not come out of bankruptcy proceedings with sufficient funds to cover outstanding workers’ compensation claims, then other self-insured companies may have to step in. Although Kmart has US$174mn in bonds to cover..
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01 September 2002
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146 - 01 September 2002
Liability of reinsurer’s parent
The New York Supreme Court, in British Ins Co v Lancer Ins Co
, will hear arguments that the corporate parent of an insolvent reinsurer should be liable for that portion of an arbitration award the reinsurer was unable to honour. The hearing will..
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01 September 2002
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146 - 01 September 2002
Primary insurer owes no duty to excess insurer
The Illinois Court of Appeals has held (March 2002) in US Fire Ins Co v Zurich Ins Co
that when defending and settling claims a primary insurer owed no duty to the excess insurer. The primary insurer was not liable for discontinuing expert..
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01 September 2002
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146 - 01 September 2002
Objections to demolition of Kuwaiti market shades
The municipality of RAK is demolishing asbestos shades of shops in Kuwaiti Market although traders claim that no inspector had visited nor proper order made.
However, it appears that the problem is not the asbestos content, which could well be made..
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01 September 2002
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146 - 01 September 2002
Asbestos at work regulations
The Control of Asbestos at Work Regulations 2002 begin an 18-month phase-in this month, August 2002, with non-compliance prosecutions from Spring 2004.
These regulations impose new duties on employers to take active steps to identify, record and..
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01 September 2002
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146 - 01 September 2002
Claims in commercial court ‘wasteful of resources’
Lord Cullen, Scotland’s Lord Justice General, has ruled that asbestos-claimants must continue to bring actions through regular court proceedings rather than applying the rules of the commercial courts. With over 500 cases pending in the..
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01 September 2002
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146 - 01 September 2002
Asbestos overview
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01 September 2002
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146 - 01 September 2002
Plaintiffs sue their lawyers
Up to 5,000 class action plaintiffs are bringing action against their lawyers, the Taylor Group and the Pritchard law firm, alleging breach of fiduciary duty, fraud, conversion, violation of consumer protection legislation and professional..
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01 September 2002
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146 - 01 September 2002
Automakers fail in federal court move
Leading motor manufacturers General Motors, Ford and DaimlerChrysler, facing thousands of asbestos-related brake suits, have failed in their move for consolidation of all claims for consideration in federal court. Had they been successful this would..
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01 September 2002
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146 - 01 September 2002
Study leads to substantial charge
Halliburton is expected to announce a substantial charge for asbestos litigation in its second quarter report. This follows completion of a study by Hamilton, Rabinovitz & Alschuler to assist Halliburton in estimating the value of future..
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01 September 2002
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146 - 01 September 2002
Sealed air faces adverse ruling
As analysts lowered ratings, nervous investors moved sharply away from Sealed Air Cor p after an unfavourable court ruling increased the company’s exposure to asbestos claims.
In 1998 WR Grace transferred its food-packaging operation, Cryovac,..
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01 September 2002
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146 - 01 September 2002
Kaiser aluminium wins court approvals
Kaiser, with more than 100,000 asbestos-related lawsuits pending, has won a six-month extension of its period to file a reorganization plan and solicit acceptances. The order, granted by Judge Judith Fitzgerald of the US Bankruptcy Court, gives..
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01 September 2002
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146 - 01 September 2002
More South African claims
Following the success of South African miners suffering from asbestos-related disease against Cape plc, represented at the UK hearing by Leigh Day, South African attorney Ntulinoble & Spoor is targeting dozens of other international asbestos..
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01 September 2002
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146 - 01 September 2002
Spate of developments in France
Europe’s largest distributor of building materials
and supplier of insulation for 20% of US homes, Saint-Gobain, facing reinsurance-driven sharply increased premiums, has decided to switch to paying more asbestos compensation direct rather..
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01 September 2002
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146 - 01 September 2002
Costs of treatment
Following last month’s report on the implications of development of Eli Lilly’s chemotherapy drug, Alimta, separate research from Newcastle University, to be published late in August in the Journal of Clinical Oncology
, on the..
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01 September 2002
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146 - 01 September 2002
Asbestos update
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01 September 2002
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146 - 01 September 2002
Tobacco update
10-year immunity period fixed to 1988–1997
by subsequent rescinder of the Act. This the ruling of the California Supreme Court that tobacco companies are not shielded from product liability suits falling outside that period. The court held by..
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01 September 2002
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146 - 01 September 2002
BSE, CJD and OPs
Further question raised on blood transfusion safety
following tests by the Institute of Animal Health Research showing that sheep given transfusions of infected blood carried a much higher risk of passing on vCJD infection than previously believed...
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01 September 2002
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146 - 01 September 2002
More tyre recalls?
A suit filed in California demands the recall of 27.5mn of Bridgestone’s Steeltex R4X, R4SII and A/T tyres. This because of reports of tread separation similar to that which sparked the last major recalls.
However, National Highway Traffic..
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01 September 2002
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146 - 01 September 2002
Withdrawal of Kava Kava
Following earlier recommendations, the Food Standards Agency and Medicines Control Agency have proposed that Kava Kava (Piper methysticum) be withdrawn from the market. Kava Kava is commonly found in herbal remedies and medicines but is now believed..
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01 September 2002
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146 - 01 September 2002
Pesticides in food
Study of 24 common foods on sale, mainly fruits and vegetables, carried out by the Pesticides Residue Committee found that all, except cow’s milk, had traces of banned pesticides. Strawberries, grapes, potatoes, mushrooms and other items, all..
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01 September 2002
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146 - 01 September 2002
Acrylamide levels
McDonald’s is to face a suit alleging that a large fries portion contains 72 micrograms of acrylamide, out of step with levels set by the US Environmental Protection Agency. This largely based on research announced by Sweden’s national..
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01 September 2002
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146 - 01 September 2002
Anaesthetic tube blockage not deliberate
Last year’s spate of anaesthetic tube blockages which put a number of patients at risk and led to the death of a young boy at Broomsfield Hospital, Chelmsford, were not the result of criminal conduct. This the finding of Essex Police after..
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01 September 2002
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146 - 01 September 2002
Partial safety of blood
The National Blood Service has announced its intention of supplying fresh frozen plasma, cleansed with a methylene blue stain process, for newborn babies and young children. This is safer than untreated plasma which can spread hepatitis and HIV..
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01 September 2002
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146 - 01 September 2002
MMR study for peer review; cash for research
A study by Dr Vijebdra Singh of Utah State University is published for peer review in the ‘Journal of Biomedical Science’, July 2002. As in previous papers his research indicates a link between the triple vaccine MMR and autism.
The..
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01 September 2002
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146 - 01 September 2002
BCG vaccine
The Powderject Pharmaceuticals plant at Liverpool which, under former owners, came in for criticism in 1999 from the US Food & Drug Administration, is again in the spotlight over substandard Bacille Calmette Guerin (BCG) vaccine against..
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01 September 2002
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146 - 01 September 2002
Blow to GSK on Paxil claims
A ruling by Judge Mariana Pfaelzer of US Federal Court in Los Angeles has banned GlaxoSmithkline’s (GSK) adverts for anti-depressant drug Paxil (known as Seroxat in Europe) for the duration of a class action alleging that it is addictive. The..
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01 September 2002
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146 - 01 September 2002
Third generation contraceptive pill claims rejected
Encouraged by a warning issued to doctors by the Committee on the Safety of Medicine and supported by legal aid, a group of around 100 women brought action against Schering Health Care Ltd, John Wyeth & Brother Ltd and Organon Laboratories Ltd..
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01 September 2002
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146 - 01 September 2002
Epidemiological slant?
Claims of higher than Sellafield cancer clusters in the Bridgwater Bay area of Somerset have been buried in silence, probably because the study on which they were based – door to door surveys of residents carried through by volunteers –..
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01 September 2002
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146 - 01 September 2002
Duty to ensure contractor’s insurance
A hospital owed a duty to a member of the public, visiting a fund-raising event in its grounds, to ensure that an independent contractor supplying and erecting potentially hazardous equipment carried public liability insurance.
Gwilliam v West..
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01 September 2002
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146 - 01 September 2002
Contribution to insolvency
The offence of contributing to insolvency ‘by gambling or by rash and hazardous speculations’, as stated in S 362 of the Insolvency Act (1986) was one of strict liability, despite any provisions of the European Convention on Human..
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01 September 2002
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146 - 01 September 2002
Ring-fenced funds for claim, despite insolvency
Where in the course of an action a defendant had discharged a freezing order by payment of a sum into a solicitor’s joint account, that sum was still available to satisfy the claim, should it be successful, even though the defendant had..
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01 September 2002
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146 - 01 September 2002
Breach of duty over-rides charging order
This decision reverses that of the High Court that a claimant receive £1,000 only on the ground that had the repossessed property been sold for its full value, the bank would have received the rest of the £6,000 shortfall because of a..
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01 September 2002
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146 - 01 September 2002
Auditor’s liability to bank
In establishing the duty of care owed by the auditors of a company to a bank which had advanced money to that company, it was not necessary to show that the auditors had intended the bank rely on information in audited accounts. It was sufficient..
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01 September 2002
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146 - 01 September 2002
Refusal to mediate
An unsuccessful claimant argued that no costs order should be made against him, as he had sought mediation both before and after proceedings had been issued. The defendant counter-argued on:
1) legal costs already incurred;
2) seriousness of..
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01 September 2002
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146 - 01 September 2002
Medical excuse for adjournment
Where an employment tribunal had doubts as to the validity of a claimant’s application for adjournment on medical grounds it has discretion to call for further evidence.
Teinaz v Wandsworth London Borough Council • Court of Appeal..
Online Published Date:
01 September 2002
Appeared in issue:
146 - 01 September 2002
Aggravated damages award by Tribunal
An Employment Tribunal, in exceptional cases, may award aggravated damages by reference to the conduct of the defence in discriminatory proceedings. This in rejecting an appeal against award made by a North London employment tribunal against a firm..
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01 September 2002
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146 - 01 September 2002
Ambulance service’s duty of care to workers
The duty of care owed by the ambulance service to members of the public could, in certain circumstances of practicability, supersede a duty to employees to guard them against the possibility of injury in carrying out their duties. [detail reported..
Online Published Date:
01 September 2002
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146 - 01 September 2002
Proof of ‘practicability’
Under section 40 of the Health & Safety at Work Act, the onus was formerly on the accused to prove that compliance was not practicable. Now, taking account of the Human Rights Act, this has been reduced to the lighter burden to give sufficient..
Online Published Date:
01 September 2002
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146 - 01 September 2002
Duty to sack worker
Where an employee was at physical risk by continuing in his occupation, it was the duty of the employer to dismiss him so as to protect him from danger.
In the case at issue, workers spraying paint were issued with protective clothing accepted by..
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01 September 2002
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146 - 01 September 2002
Structured settlements boom – in the US
The National Structured Settlements Trade Association (NSSTA) has issued almost US$3bn annuities in physical injury claims over the last six months. ‘Victims continued to request structured settlements at unprecedented levels… with the..
Online Published Date:
01 September 2002
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146 - 01 September 2002
Awards & settlements
Maximum libel damages to two former nursery nurses
who, already cleared in court of charges of child abuse, were the subject of a hostile report commissioned and published by Newcastle City Council. Action was brought against the council and the..
Online Published Date:
01 September 2002
Appeared in issue:
146 - 01 September 2002
Popcorn workers suffer lung disease
Some of the workers at the Gilster-Mary Lee microwave popcorn plant in Missouri have developed a rare and fatal lung obstruction, this at 10 times the rate of the general population. Similar cases have occurred in three other popcorn plants..
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01 September 2002
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146 - 01 September 2002
Council to pay for gipsy nuisance
A family who claimed their lives had been made miserable for more than a decade due to activities on a traveller site almost adjoining their home, have won compensation for nuisance from the permitting authority, Mid Bedfordshire District Council. A..
Online Published Date:
01 September 2002
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146 - 01 September 2002
Omagh families launch civil suit
In another example of a developing trend, families of the 29 dead and more than 300 injured by the Omagh bomb have launched a civil suit against the individuals they believe were responsible. They have taken this step, seeking compensation and an..
Online Published Date:
01 September 2002
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146 - 01 September 2002
Bullying claim
Two former pupils of Shotton Hall Comprehensive School have launched action in Teeside County Court. They are seeking £50,000 each for the misery of bullying that they endured while there, claiming that staff did nothing to prevent persistent..
Online Published Date:
01 September 2002
Appeared in issue:
146 - 01 September 2002
Parents’ race injury
Brian Cromer, a father who broke both ar ms when he ran into a brick wall at the end of a parents’ race at St Patrick’s Roman Catholic Primary School in Toxteth, Liverpool, is suing the school for negligence. He claims his accident was..
Online Published Date:
01 September 2002
Appeared in issue:
146 - 01 September 2002
Another army ‘widow’ seeks pension rights
Two years after the Ministry of Defence (MoD) made an ex gratia
payment of £250,000 in lieu of pension to Anna Homsi and £2,000 a year to her daughter until aged 18, another army ‘widow’ plans to take the MoD to court.
SAS..
Online Published Date:
01 September 2002
Appeared in issue:
146 - 01 September 2002
Club and player targeted
Manchester City football club will take action against Manchester United and player Roy Keane following admission in his autobiography that, after a long feud, he had deliberately injured player Alf-Inge Haaland in a tackle. Haaland has not played..
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01 September 2002
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146 - 01 September 2002
Football league under fire from clubs
The High Court ruling that parent companies (Carlton Communications and Granada) of collapsed ITV Digital are not liable to the Football League for unpaid revenues/debts has left the league clubs facing debts from lock-in to costly contracts with..
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01 September 2002
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146 - 01 September 2002
Thames trains gains leave to sue HSE
The High Court has, in refusing strike-out, given the go-ahead to an action by Thames Trains against the Health & Safety Executive (HSE) over the 1999 Paddington rail crash.
Thames Trains, agreeing to settle claims brought on behalf of the 31..
Online Published Date:
01 September 2002
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146 - 01 September 2002
Fat chance on fat foods?
A suit filed by Caesar Barber, in New York’s Bronx County Court, names McDonald’s, KFC, Burger King and Wendy’s alleging that they ‘negligently, recklessly, carelessly and/or intentionally engaged in the distribution,..
Online Published Date:
01 September 2002
Appeared in issue:
146 - 01 September 2002