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Brit makes £7.6mn profit
Brit Insurance Holdings has reported a net profit of £7.6mn for 2002, compared to a loss of £89.8mn in the previous year. Gross written premiums were £662.7mn for 2002, an increase of 77.2% over 2001. The profit was mainly due to..
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01 May 2003
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154 - 01 May 2003
US casualty market review from Aon
A snapshot of the US casualty market has been provided by Aon Risk Services of the Americas. In its latest insurance market overview, it says that while the casualty marketplace remains restrictive, pressure on pricing is beginning to relax.
It says..
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01 May 2003
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154 - 01 May 2003
Hard casualty market into 2004
Commercial insurance rates in the US, notably for casualty insurance, will continue to increase into 2004. This is according to a survey of over 100 risk managers carried out by Prudential Securities. More than half of risk managers who renewed..
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01 May 2003
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154 - 01 May 2003
Professional lines team for XL Europe
XL Europe has formed a new professional lines underwriting team which will operate from its London branch. The new team will trade under the name XL Professional. The team will be staffed by the former professional lines underwriting team from XL..
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01 May 2003
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154 - 01 May 2003
PRI faces unwelcome bid from BRIT
Professional Risks Insurance Limited (PRI) is facing a takeover bid from Brit Insurance Holdings, the parent company of Brit Insurance Limited. The board of PRI initially said the move was unwelcome, and added that it was in talks with other..
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01 May 2003
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154 - 01 May 2003
Further volatility in EL/D&O in 2004
While the insurance market in the UK should start to reach a plateau in 2004, and a consequent easing of rates, there will be volatility in some areas, notably employer’s liability and directors’ & officers’ (D&O) cover...
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01 May 2003
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154 - 01 May 2003
Risk managers disagree on corporate governance
US risk managers strongly disagree about what constitutes effective corporate governance, according to a survey by Allianz Global Risks.
The survey found that 39% of respondents believe Sarbanes Oxley will significantly reduce corporate malfeasance,..
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01 May 2003
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154 - 01 May 2003
AIG hit by own D&O costs
Even insurers are hit by premium increases. US insurer AIG, has reported an almost 60% rise in the cost of the premium it pays to protect its own board and executive officers. AIG has been able to charge more for D&O with the hard market, but..
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01 May 2003
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154 - 01 May 2003
New D&O capacity but claims increase
New capacity is coming into the directors’ & officers’ (D&O) liability market, but claims continue to increase in frequency and severity. This is the view of Joseph Monteleone, vice president of claims at Hartford Financial..
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01 May 2003
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154 - 01 May 2003
D&O limit exhausted in Wickes trial
A defendant in the Wickes fraud trial has been left without D&O liability cover after the policy limit was reached. The defendant was one of five Wickes executives on trial for fraud, but his case was stopped for legal reasons and is due to be..
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01 May 2003
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154 - 01 May 2003
Axa says EL rates must rise again
Research carried out by Axa Insurance has found that more than 210,000 small and medium-sized businesses in the UK were operating illegally without employers’ liability insurance cover, affecting around 1.8mn employees. The insurer warned that..
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01 May 2003
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154 - 01 May 2003
Remove disease risk from EL
At a recent conference, insurers and brokers called for disease risk to be stripped from employers’ liability policies and covered by a separate pooling arrangement. Broker Marsh said in its response to the government’s review that it..
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01 May 2003
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154 - 01 May 2003
AIOA joins IUA
The Aviation Insurance Offices Association (AIOA) is to be brought under the auspices of the International Underwriting Association (IUA). Outgoing AIOA chairman and underwriting executive at Global Aerospace Underwriting Managers, Peter Butler said..
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01 May 2003
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154 - 01 May 2003
Judge orders appraisal process for Silverstein
A New York federal judge has ruled that Larry Silverstein has to submit the dispute over the cost of the World Trade Center's destruction to a process that may result in an independent appraiser being appointed. Silverstein had argued that after..
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01 May 2003
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154 - 01 May 2003
Lloyd’s chairman in US litigation warning
The chairman of Lloyd’s, Lord Levene, has warned that the US litigation system, if left unchecked, will destroy the American spirit of enterprise and drain the US economy.
Lord Levene has called for a change in the law to stop a culture in..
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01 May 2003
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154 - 01 May 2003
Insurers add support to tort reform
The US insurance industry has been vocal in its support for tort reform in the US at the recent Risk & Insurance Management Society (RIMS) conference in Chicago. Maurice Greenberg, president & chief executive of American International..
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01 May 2003
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154 - 01 May 2003
Equitas settles asbestos claims
Equitas, the Lloyd’s run-off vehicle, has paid £472mn to Honeywell International in settlement of asbestos-related claims arising from Honeywell’s ownership until 1986 of NARCO. According to Honeywell, the Equitas deal and others..
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01 May 2003
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154 - 01 May 2003
Architects sued over insulation panel
Architect firm found liable for contributory negligence in factory fire, and owners awarded damages. The spreading of the fire was due to the negligence of the architects because of their specification of a combustible panel in the vegetable..
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01 May 2003
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154 - 01 May 2003
LA Dodgers sue Hartford Life
The Los Angeles Dodgers have filed a suit against Hartford Life Insurance. The case involves a disability policy on the team’s pitcher, who has suffered elbow and back injuries. Hartford has paid a claim for the elbow injury, but says that the..
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01 May 2003
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154 - 01 May 2003
Punitive damage cut in relation to compensation
A US$145mn punitive damages award has been overturned by the US Supreme Court. The ruling said that the award was excessive in relation to the US$1mn compensation award. The case involved a policyholder of State Farm Mutual Automobile Insurance who..
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01 May 2003
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154 - 01 May 2003
Gore Vidal sues over ruined books
A number of insurers, including Lloyd’s, are being sued by US author Gore Vidal for denying a claim. The insurers are refusing to pay a claim for around US$60,000 because water damage has ruined first edition copies of his books. The insurers..
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01 May 2003
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154 - 01 May 2003
British workers demand relief
Here’s a statistic to bring tears to your eyes – 54% of British workers are too busy to take toilet breaks and a quarter say that the poor condition of workplace loos put them off going. These leg-crossing statistics come from a survey..
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01 May 2003
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154 - 01 May 2003
Liability Underwriters Group Conference Queens’ College Cambridge
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01 May 2003
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154 - 01 May 2003
Money talks in litigation
A high court judge has attacked the legal system, saying that at ‘all stages in the litigation money talks loud and clear.’ The judge, giving a lecture at the University of Sheffield, was reported as saying that there was little judges..
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01 May 2003
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154 - 01 May 2003
Criminals cannot sue for damages
The Government is to bring in changes to the law which will mean that convicted criminals who are injured while committing a crime will be banned from suing their victims for compensation. The move comes as a result of public and media pressure over..
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01 May 2003
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154 - 01 May 2003
Civil court fees increase
The Lord Chancellor’s Department has announced that civil court fees have been increased following a consultation process. According to the Department, the new fees retain a common scale of fees payable on the issue of claims in both the..
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01 May 2003
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154 - 01 May 2003
FSCS appeals Geologistics’ ruling on Independent
The Financial Services Compensation Scheme (FSCS) has lodged an appeal against a recent judgement which it says is aimed at clarifying whether defence costs for corporate holders of compulsory insurance policies should fall under the protection of..
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01 May 2003
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154 - 01 May 2003
Streamlined claims payment process
The Government has streamlined the process for making payments into court to settle a claim in a move designed to encourage the early settlement of claims. High Court actions payments are made direct to the Court Funds Office, but in county court..
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01 May 2003
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154 - 01 May 2003
SARS business warning
Asian insurers have warned businesses that they may not be covered for losses caused by workers being sick from severe acute respiratory syndrome (SARS), the atypical pneumonia sweeping the world. Insurers have stressed that government quarantines..
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01 May 2003
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154 - 01 May 2003
New unit for broker Acordia
US insurance broker Acordia has formed a Risk Finance Group offering client consultations and other insurance services to protect clients from the financial risks associated with corporate governance, errors and omissions, employment practice..
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01 May 2003
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154 - 01 May 2003
RIMS survey confirms difficult D&O market
The Risk and Insurance Management Society (RIMS) has released results from its on-line Benchmark Survey of members, which show that D&O and fiduciary insurance continues to be difficult and expensive to procure, while property and excess..
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01 May 2003
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154 - 01 May 2003
Countries fail to implement directive
The European Commission is to take France, Luxembourg, Italy, the Republic of Ireland and Portugal to the European Court of Justice over failure to implement the European Union’s Fourth Motor Insurance Directive. The UK and Greece avoided the..
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01 May 2003
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154 - 01 May 2003
Internet/email lawsuits survey
A survey by broker Assurex Global and Clearswift, a content filtering software provider has found that 19% of employers have battled lawsuits stemming from e-mail/Internet abuse, 31% have experienced the loss of confidential information/intellectual..
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01 May 2003
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154 - 01 May 2003
Higgs report further undermined
Yet more evidence that the Higgs Report recommendations are to be watered down following an outcry from UK boardrooms. Patricia Hewitt, Secretary of State for Trade & Industry, has said that institutional investors should not be bound by the..
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01 May 2003
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154 - 01 May 2003
New D&O products from ACE
ACE USA has launched a new range of management liability and errors’ & omissions’ insurance products. The new ACE Advantage errors and omissions insurance products provide coverage for public officials, school officials, architects..
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01 May 2003
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154 - 01 May 2003
Auditors liability cap reject by EC
The European Commission has rejected a call from the ‘Big Four’ accounting firms for a limit on the amount that auditors can be sued for. The European Commissioner for financial services said that unlimited liability was a ‘quality..
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01 May 2003
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154 - 01 May 2003
Insurers criticised for EL crisis
Patricia Hewitt, the Trade & Industry Secretary has called on insurers to deal with the employers’ liability crisis and ‘to get round a table with business to find solutions, or at least what to do to mitigate the problem’...
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01 May 2003
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154 - 01 May 2003
ABI responds on liability reviews
The Association of British Insurers’ response to the Department of Work & Pensions review of employers’ liability insurance has called for the separate funding for long-tail occupational diseases, and better access to..
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01 May 2003
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154 - 01 May 2003
TUC report on race discrimination at work
A TUC report into race discrimination at work says that Britain’s black and ethnic minority workers believe that real progress has been made in combating race discrimination at work over the past 10 years, but that racism persists, often in..
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01 May 2003
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154 - 01 May 2003
New work-related death investigation protocol
A revised protocol for investigating work-related deaths has been published by the Health and Safety Executive (HSE), Crown Prosecution Service (CPS), Association of Chief Police Officers (ACPO), Local Government Association (LGA) and British..
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01 May 2003
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154 - 01 May 2003
Accidents on school trips
Schools have been urged not to be deterred from running school trips and educational visits for fear of legal action in the event of an accident. The Health & Safety Executive (HSE) said, however, that organisers of educational/recreational..
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01 May 2003
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154 - 01 May 2003
HSE guidance for expectant mothers
The Health & Safety Executive (HSE) has launched new guidance to help protect the health and safety of new or expectant mothers at work. The guidance, ‘New and Expectant Mothers at Work – A guide for health professionals,’ was..
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01 May 2003
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154 - 01 May 2003
Villagers allowed to sue for psychiatric injury
The villagers who claim to have suffered mental injuries after a plane crashed near their homes have been given the go-ahead to seek compensation. A Korean Airlines Boeing 747 crashed shortly after take off from Stansted Airport in December 1999...
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01 May 2003
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154 - 01 May 2003
New Aviation Health Unit set up
The Government is to set up a new unit for addressing health issues affecting air passengers and crew. The unit, which is being jointly established with the Civil Aviation Authority (CAA), will be based at CAA Gatwick.
The Aviation Health Unit will..
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01 May 2003
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154 - 01 May 2003
Human error in Singapore collision
Singapore’s Maritime and Port Authority has ruled that the collision in January between a Singapore naval vessel, RSS Courageous, and a container ship, was caused by human error on the part of the naval ship. The naval vessel apparently turned..
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01 May 2003
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154 - 01 May 2003
Front of bill of lading preferred
The House of Lords has ruled that the information on the face of a bill of lading is to be preferred to inconsistent printed clauses on the back, when deciding whether the bill was an owner’s or a charterer’s bill. The House of Lords..
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01 May 2003
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154 - 01 May 2003
Toxic mould – latest update
Toxic mould claims in the US are still increasing and spreading, but the good news is that in Texas, claims are decreasing in number and value. A recent meeting of the Casualty Actuarial Society was told that the mould problem in Texas – the..
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01 May 2003
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154 - 01 May 2003
‘Tonight Show’ star settles mould case
Ed McMahon, the former sidekick on the US ‘Tonight Show’, has accepted a settlement in a toxic mould lawsuit. He accepted $230,000 to settle the case from a clean up contractor. This was the last of a number of lawsuits issued by McMahon..
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01 May 2003
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154 - 01 May 2003
EC demands implementation of GMO directive
The European Commission has formally requested that France, Luxembourg, Belgium, Netherlands, Germany, Italy, Ireland, Greece, Spain, Portugal, Austria and Finland adopt and notify national legislation implementing EU law on the deliberate release..
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01 May 2003
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154 - 01 May 2003
Plastic cargo threat to Cornwall coast
Salvors have been struggling to remove a cargo of shredded plastic from RMS Mulheim which ran aground between Sennen and Land’s End. The cargo, 2,200 tonnes, was destined for a landfill site. Conservationists said that the non-biodegradable..
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01 May 2003
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154 - 01 May 2003
11 September fund unfair and arbitrary
The families of victims of the 11 September terrorist attack on the World Trade Center are asking for a ruling that the special federal compensation fund was unfair and arbitrary. The families’ lawyers are claiming that the method used by the..
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01 May 2003
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154 - 01 May 2003
Soldiers’ performance impaired by fatigue
A study carried out last year by the US Army found that stress caused by combat, combined with a lack of sleep, can result in soldiers being so impaired that they performed worse than if they had been drunk or sedated. A recent article in the New..
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01 May 2003
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154 - 01 May 2003
Captive insurer for WTC liabilities
New York state has announced new legislation which will allow for the formation of a pure captive insurance company by New York City to provide coverages for liability relating to or arising out of activities in or near the World Trade Center site..
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01 May 2003
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154 - 01 May 2003
Mississippi’s legal system ‘most hostile’
According to US lawyers, Mississippi’s legal system is the most hostile to business, followed by West Virginia, despite both states passing tort reform laws in 2002. The survey of lawyers for public corporations and insurance companies found..
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01 May 2003
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154 - 01 May 2003
Jury awards in US personal injury
The latest report on US award trends in personal injury, relating to 2001, has found that jury awards in medical malpractice claims remained stagnant, and plaintiffs won fractionally more trials in 2001, compared with the previous year.
According to..
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01 May 2003
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154 - 01 May 2003
Zurich warns on asbestos management plans
Zurich Municipal, the leading public sector insurer, has warned that changes in asbestos regulations could leave public sector bodies open to prosecution if precautionary measures are not put in place. Zurich is urging public sector employers to..
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01 May 2003
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154 - 01 May 2003
Asbestos rift between insurers and reinsurers
There is a growing rift between insurers and reinsurers over asbestos exposures, according to a new report by Standard & Poor’s Ratings Services (S&P).
The report says that ‘disputes between insurers and reinsurers appear to be..
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01 May 2003
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154 - 01 May 2003
Tobacco firm in US$12bn bond
A judge in Illinois has ordered tobacco firm Philip Morris to pay US$10.1bn for deceiving consumers by marketing light cigarettes as less harmful than regular cigarettes. The verdict includes US$3bn in punitive damages to be paid to the state of..
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01 May 2003
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154 - 01 May 2003
Ban on smoking in restaurants
Parliament has given a bill banning smoking in cafés and restaurants a first reading by 115 votes to 43. The Smoking (Restaurants) Bill was introduced by Labour MP Gareth Thomas, who said that second-hand smoke was a health risk for all..
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01 May 2003
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154 - 01 May 2003
Passive smoking kills 1,200 a year in UK
New research has suggested that 1,200 people in the UK die each year as a result of passive smoking at work. The research, ‘A killer on the loose,’ was carried out by James Repace, an expert on second hand smoke, and reveals that in the..
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01 May 2003
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154 - 01 May 2003
FSA figures on Specified Risk Material
The Food Standards Agency (FSA) has announced further findings of Specified Risk Material (SRM), the part of the animal most likely to contain BSE infectivity, in imported intervention beef. Under European Union law, SRM must be removed immediately..
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01 May 2003
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154 - 01 May 2003
BMA warns on sunbed use
The British Medical Association (BMA) is advising people not to use sunbeds because of potential health risks. The British Photodermatology Group (BPG) recommends that sunbeds are not used at all, but if they are used this should be limited to no..
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01 May 2003
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154 - 01 May 2003
Anti-malarial tablets warning
A student who committed suicide after becoming depressed had taken anti-malaria tablets. An inquest into her death was not able to find any link but the girl’s parents said they thought that there was a connection between the anti-malaria..
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01 May 2003
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154 - 01 May 2003
Public inquiry call for X-ray dye
Campaigners are calling for an inquiry into the use of a dye used in X rays of back sufferers. The dye, made by Glaxo, was injected into the spine of back sufferers to enable X-rays to be clearer. The dye was removed from use back in the 1980s, and..
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01 May 2003
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154 - 01 May 2003
Food container compound damages eggs
Scientists have discovered that bisphenol A (BPA), a compound found in plastic food containers, damages the eggs of mice. According to a study reported in Nature magazine, BPA acts like oestrogen and damages unfertilised eggs. The study suggested..
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01 May 2003
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154 - 01 May 2003
Stress means higher risk of stroke
Highly stressed people have an 89% higher risk of dying after a stroke compared, and those who felt stressed on a weekly basis also had a much greater risk of a fatal stroke. Danish researchers said that this may be because stressed people have..
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01 May 2003
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154 - 01 May 2003
Heart disease risk for steroid drugs
Scientists have warned that people using anti-inflammatory steroid drugs, for example for asthma, rheumatoid arthritis and inflammatory bowel disease, are at a greater risk of heart disease. New research by the University of Dundee has found that..
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01 May 2003
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154 - 01 May 2003
Smallpox vaccine compensation programme
The US House and Senate have voted in a bill providing compensation for injuries or fatalities linked to smallpox vaccinations. The bill was deemed necessary because of concerns by US health and emergency workers over smallpox inoculations, with..
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01 May 2003
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154 - 01 May 2003
Mercury vaccines in autism link
Research in the US has found that mercury in some vaccines given to children may be a contributory cause of autism and heart disease. The researchers studied vaccines containing thimerosal, which is almost 50% mercury. Children who received the..
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01 May 2003
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154 - 01 May 2003
Critical premature baby report
A panel of paediatric experts has reported that inadequate hospital care may be resulting in the needless death of some babies. The report, ‘Confidential Enquiry into Stillbirths and Deaths in Infancy,’ pointed to a lack of expertise in..
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01 May 2003
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154 - 01 May 2003
More skin cancer deaths in UK than Australia
Cancer Research UK has warned that thousands more Britons than Australians die from malignant melanoma despite the fact that more cases of this most deadly form of skin cancer are diagnosed Down Under. In the last five years there have been 8100..
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01 May 2003
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154 - 01 May 2003
Compensation call for Scottish Hep C victims
A group of independent experts has called on Scotland’s health minister to reconsider compensation for people who contracted hepatitis C through contaminated NHS blood products.
The group said that it welcomed proposals to make payments to..
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01 May 2003
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154 - 01 May 2003
Nurses in IV drug errors
A study by pharmacologists found that nurses made mistakes in administering nearly half the drugs they gave to patients intravenously. The study also found that a third of the errors were potentially harmful. Researchers studied the way drugs were..
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01 May 2003
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154 - 01 May 2003
Handbag waiving not breach of peace
In a case of alleged wrongful arrest and false imprisonment, a woman was arrested after waving a handbag at a police officer who had been investigating an allegation of common assault against a traffic warden. The original judge held there had been..
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01 May 2003
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154 - 01 May 2003
Strict liability for animal owners
Owners of animals are strictly liable for damage or injuries caused by the animals where they behave in a way that is not normal for the species, but is normal in special circumstances. The case involved horses which were frightened in some way and..
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01 May 2003
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154 - 01 May 2003
Judge wrong in principle over costs
The Court of Appeal ruled that in commercial litigation, a Judge should not have segregated out a large part of the costs before making a decision on who was the successful party and therefore entitled to an order for costs. The court said the judge..
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01 May 2003
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154 - 01 May 2003
If not specified, costs not included
In a case where an action had already been settled, and an offer had been made, but it had not specified whether it included the cost of the preparation of the bill of costs, the Court of Appeal ruled that those costs were not included. The case..
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01 May 2003
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154 - 01 May 2003
Offer also required in appeal proceedings
The claimants made an offer to settle the claim which was refused. The claimants obtained judgment greater than the settlement offer, and the defendants were ordered to pay the claimants’ costs on an indemnity basis. The defendants appealed..
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01 May 2003
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154 - 01 May 2003
Referee owed duty of care to enforce rules
The Court of Appeal found that a referee in a rugby match owed a duty of care to the players to apply reasonable care in enforcing the rules. The court dismissed an appeal by a rugby referee and the Welsh Rugby Union against a decision in favour of..
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01 May 2003
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154 - 01 May 2003
Future earnings and loss of chance of career
This case involving future lost earnings as part of a personal injury claim involving long term disability considered the issue of assessing the loss of chance of a future career. The court found that it was only appropriate to use a % in such cases..
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01 May 2003
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154 - 01 May 2003
Vulnerable victim assaulted despite consent
A defective prisoner was entitled to compensation from the Criminal Injuries Compensation Scheme after suffering indecent assault, even though he gave consent, unless that consent was real so as to prevent him being a victim. The prisoner was..
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01 May 2003
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154 - 01 May 2003
Principal place of business
A company’s principal place of business was the place at the heart of the company’s operation, and not necessarily where most business was carried out. The case involved an employee who was dismissed from a company which said it was..
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01 May 2003
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154 - 01 May 2003
No damages for secondary victims
A road worker who was sent to the scene of a road accident by his employer was a secondary victim and therefore not entitled to damages for negligence after suffering post-traumatic stress disorder. The decision was based on recent case law which..
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01 May 2003
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154 - 01 May 2003
Indemnity costs awarded
A claimant’s offer to settle was rejected and after a long trial, the judgment was more advantageous to claimant than offer. The claimant appealed seeking indemnity costs. The Court of Appeal upheld the appeal, and said that the claimant was..
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01 May 2003
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154 - 01 May 2003
Remedial work required if no depreciation payment
In a case over damage to property from a landslide caused by mining subsidence, the Court of Appeal found that the Coal Authority was required to carry out remedial work where it had not chosen to make payments equal to the amount of depreciation in..
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01 May 2003
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154 - 01 May 2003
Interim costs refused
Judge refused to grant an order for an interim payment of costs because court had not heard the full trial of the action. Hoover paid a settlement of £4mn to Dyson just before a hearing into damages. Dyson made an application for interim costs..
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01 May 2003
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154 - 01 May 2003
Part 36 payments and Recovery of Benefits
An appeal against a decision to reduce personal injury damages by one third due to contributory negligence, and a decision to order the claimant to pay costs, was upheld. At issue was a Part 36 payment and a certificate of recoverable social..
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01 May 2003
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154 - 01 May 2003
Written advice not necessary
Claimants awarded nominal damages of just £2 against a firm of solicitors. The firm had faced a number of claims of negligence from the claimants, but only one had been proved.
The claimants argued that the firm had been negligent by giving..
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01 May 2003
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154 - 01 May 2003
Causal link only for racial discrimination loss
A victim of racial discrimination only needed to show a causal link between the loss for which compensation was claimed, and the discrimination, and did not need to show that it was reasonably foreseeable. The victim in this case had appealed a..
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01 May 2003
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154 - 01 May 2003
Road rage settlement
A motorist who was badly injured when he was run down in a road rage incident has received £1.2mn in a compensation settlement with insurance company of the other driver. The 34 year old victim may not work again as a result of the injuries..
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01 May 2003
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154 - 01 May 2003
Horrific injuries during labour
A woman is suing a hospital for ‘horrific personal injuries’ suffered during labour. The young woman claims she suffered a fourth degree tear caused by the incorrect use of forceps by doctors during the delivery of her child. She claims..
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01 May 2003
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154 - 01 May 2003
British Army in Kenyan rape claims
An investigation is currently underway over claims that British troops raped and abused local women in Kenya in the 1980s and 1990s. Martyn Day is launching a civil action against the army for compensation for more than 150 Masai women. The British..
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01 May 2003
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154 - 01 May 2003
Teacher sues over lack of leaving present
The board of governors of a school are being sued by a former teacher for not buying her a leaving present. The woman was dismissed as a religious studies teacher after 16 years at the school. She said she is claiming £460 compensation as a..
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01 May 2003
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154 - 01 May 2003
Snooker cue bent on flight
Snooker player Mark Williams has made a compensation claim against Ryanair alleging that his favourite cue, which he has used since his teens, was bent during a flight. After the flight, he took part in a tournament and was beaten by an outsider,..
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01 May 2003
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154 - 01 May 2003
Teacher gets swearing compensation
A teacher who was accused of swearing at a student at a college during a cookery class and was subsequently dismissed for gross misconduct, was awarded £54,000 in compensation. The teacher told an employment tribunal he was the victim of a..
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01 May 2003
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154 - 01 May 2003
Compensation for roof fall
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01 May 2003
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154 - 01 May 2003
Pregnant lawyer unfairly dismissed
A personal injury solicitor has won a claim for sex discrimination, unfair dismissal and wrongful dismissal, against her law firm. The solicitor became pregnant just one month after gaining promotion. One month after telling her firm about the..
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01 May 2003
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154 - 01 May 2003
Prisoners claim for trauma over riot
A group of prisoners trapped in their cells during a prison riot are claiming compensation for stress and trauma. The prisoners were held in a special unit for vulnerable prisoners, including sex offenders and those who had been bullied in prison...
Online Published Date:
01 May 2003
Appeared in issue:
154 - 01 May 2003
£6mn compensation for paralysed girl
A young girl has been awarded £6mn compensation for spinal injuries after being hit by a car. The five year old is paralysed from the neck down, and has to breathe through a ventilator. She requires a team of eight professional carers a day to..
Online Published Date:
01 May 2003
Appeared in issue:
154 - 01 May 2003
Record asbestos payouts
Two recent asbestos cases in the US have seen record payouts. An Illinois jury ordered US Steel to pay US$250mn award to a former employee, a steelworker who developed mesothelioma. The verdict consisted of US$50mn in compensatory damages and..
Online Published Date:
01 May 2003
Appeared in issue:
154 - 01 May 2003
Near miss causes broken ankle
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Online Published Date:
01 May 2003
Appeared in issue:
154 - 01 May 2003
Schools sued by dyslexic
Two education authorities are being sued for negligence by a man who says his school failed to spot that he had dyslexia. The 28 year old man, whose dyslexia was not spotted until he was 16, says that his employment prospects were affected by it,..
Online Published Date:
01 May 2003
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154 - 01 May 2003
Nurse loses dismissal claim
A nurse who was accused of helping patients to die has lost her claim for unfair dismissal. Charges against the nurse of attempted murder and incitement to murder, were dropped due to lack of evidence, but the employment tribunal said there was..
Online Published Date:
01 May 2003
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154 - 01 May 2003
Trauma award breaks new ground
The parent of a girl killed in an accident has been awarded damages by the Court of Appeal for trauma. The mother received £90,000 though she did not actually see the accident which killed her daughter. She arrived on the scene after the girl..
Online Published Date:
01 May 2003
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154 - 01 May 2003
Multi-million payout
A mining company in the US has been hit by a jury decision to award US$163.7mn to the estate of an independent contractor who died following an accident at a mining operation owned by the company. The worker had failed to receive proper training..
Online Published Date:
01 May 2003
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154 - 01 May 2003
Bride fails in holiday damages claim
A woman who sued a package holiday company after her husband drowned on their honeymoon, has lost her case for damages. The husband died after they both fell into a hole in the sandy lagoon, and he was unable to escape and drowned. The woman had..
Online Published Date:
01 May 2003
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154 - 01 May 2003
City analyst loses claim
An analyst for PricewaterhouseCoopers has lost her claim for sexual discrimination. The American woman alleged that she was made redundant after she complained about a male colleague who she said had tried to begin a relationship with her. The firm..
Online Published Date:
01 May 2003
Appeared in issue:
154 - 01 May 2003
Good news for disability insurer
However, in another case against UnumProvident, a California court has significantly reduced the terms of the original judgment. The court found that the insured was residually disabled and that the evidence was insufficient to find that he was..
Online Published Date:
01 May 2003
Appeared in issue:
154 - 01 May 2003
Bad news for disability insurers
MetLife and UnumProvident have been ordered to pay US$84.4mn in damages to a woman in Arizona who accused the companies of wrongly denying her disability claims. The jury award consists of punitive damages of US$79mn and compensatory damages of..
Online Published Date:
01 May 2003
Appeared in issue:
154 - 01 May 2003
Prison officer’s trauma settlement
A prison officer who counselled sex offenders has been paid damages of £150,000 for psychological trauma. The officer suffered from post-traumatic stress disorder and depression and was unable to work. He claimed that he was not prepared for..
Online Published Date:
01 May 2003
Appeared in issue:
154 - 01 May 2003
Eddie Irvine wins damages appeal
The Court of Appeal has awarded Formula One racing driver Eddie Irvine damages of £25,000 after TalkSport radio doctored a photograph of the driver and used it in an advertising leaflet. A mobile phone in the picture of Irvine was replaced with..
Online Published Date:
01 May 2003
Appeared in issue:
154 - 01 May 2003
Attacker not told of disciplinary hearing
A convicted murderer, currently serving two life sentences, who attacked a fellow council worker with an axe has won a case for unfair dismissal. The man, who was employed as an environmental health inspector, was sacked by the council after the..
Online Published Date:
01 May 2003
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154 - 01 May 2003
Transsexual in discrimination claim
A transsexual management consultant has taken her employer to a tribunal claiming compensation for unfair dismissal and discrimination. The transsexual alleges that she was made redundant because of her sex change. As a man, she had earned..
Online Published Date:
01 May 2003
Appeared in issue:
154 - 01 May 2003
Union backed litigation continues to grow
Given the focus on employers’ liability at the moment, with capacity problems, huge rate increases, uninsured businesses and a government review, employers and their insurers should take note of a new report from the TUC into union legal..
Online Published Date:
01 May 2003
Appeared in issue:
154 - 01 May 2003