i-law

Liability Risk and Insurance

Settlement of £40,000 for medical negligence

An NHS Foundation Trust has reached an out of court settlement of £40,000 with the widow of a patient who died from blood poisoning caused by colitis. He was admitted to hospital suffering from stomach ache, diarrhoea and was passing blood...
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

£150,000 in compensation for mesothelioma

The widow of a mesothelioma victim has received over £150,000 in compensation. The man worked for marine steam turbine company as an apprentice fitter/engineer from 1948 to 1953. During that time he was exposed to asbestos during the re-fit of..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

£22,500 settlement for motorcycle injury

A motorcyclist who suffered serious injuries when a car performed a U-turn on a busy main road, crashing into him, has received a £22,500 settlement from the driver’s insurers to cover his pain, suffering and the loss of earnings he..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

Lord Justice Jackson’s reforms – no April Fool

Finally, the Jackson reforms of civil litigation funding and costs have now been implemented, three years after his report. The reforms came into effect on 1 April 2013. The Ministry of Justice has provided a handy summary of the changes: No win..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

Six figure compensation for back injury

A bricklayer left permanently disabled and unable to return to work after breaking his back in a rooftop fall has received a six figure sum in compensation. He fell from the roof at a building site after the ladder his employer made him use slipped...
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

£300,000 out of court settlement for mesothelioma

A former carpenter who developed mesothelioma has received £300,000 in an out of court settlement. He was exposed to asbestos whilst working for three shop-fitting firms more than 30 years ago. His job at all three firms involved refitting..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

Transport Committee in whiplash call for evidence

The Transport Committee has called for evidence on reducing the number and costs of whiplash claims, following up its recent inquiries into the cost of motor insurance. The Chair of the Committee, Louise Ellman MP, said, “It is vitally..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

Law Society attacks insurers “propaganda”

The Law Society has told the Government that its proposals to increase the small claims limit in personal injury cases stem from propaganda, generated by insurers. Responding to a consultation on arrangements concerning the small claims limit for..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

LawCare reveals areas of support to lawyers

LawCare, an advisory and support service to help lawyers, their staff and their immediate families to deal with health problems, opened 378 case files in 2012, with 1,206 further calls involving follow up related to these original calls, and 77..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

£62,500 in damages for double hernia

A man who lost his job and is in constant pain after suffering a double hernia through pushing and pulling heavy tools at work has received £62,500 in damages. He needed three major operations over three years after the repetitive nature of his..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

£100,000 in compensation for post-traumatic stress disorder

A woman who suffers from post-traumatic stress disorder after escaping from her burning London flat has received more than £100,000 in compensation. The fire had started in a restaurant directly beneath the home she shared with her son and..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

Compensation Culture: Fact Or Fantasy ?

Lord Dyson, Master of the Rolls, gave a speech recently entitled, “Compensation Culture: Fact Or Fantasy?” He began by explaining, “Compensation culture encapsulates the idea that for every accident, for every injury or loss..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

House of Lords votes to ditch Clause 62

The House of Lords has removed part of the Enterprise and Regulatory Reform Bill as the result of an amendment introduced by Lord McKenzie of Luton (Labour). He told the Lords, “Amendment 80A is an attempt to defeat the fundamental purpose of..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

APIL warning over claims management companies

The Association of Personal Injury Lawyers (APIL) has warned that spam texting and cold calling could explode under Government plans to force hundreds of thousands of road traffic victims into the small claims court system. The Government..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

£26,000 settlement for horse fall

A former stable hand who was nearly killed when the horse he was riding reared up and landed on top of him has received £26,000 in an out of court settlement. He was tasked with taking a difficult colt “to the gallops.’” The..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

Opposition minister defends health and safety

The Shadow Minister for Employment has commended the health and safety industry’s commitment to saving lives in the workplace. Labour’s Stephen Timms, MP, praised safety professionals at the IOSH 2013 Conference, but warned against..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

DAC Beachcroft on diagnosis of whiplash injuries

DAC Beachcroft is calling for a sea change in the approach to medico-legal reporting in soft tissue injury claims, urging the Government to review both the timing of reports and the way claims are evidenced. Speaking at the recent ABI Motor..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

£115,000 settlement for crushed thumb

A welder whose thumb was crushed by a heavy steel girder in an accident at work has received £115,000 in an out of court settlement. He was forced to give up his career. He was moving some girders with an overhead crane, but he was ordered to..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

Potential link between night shift and ovarian cancer

Research published in the journal Occupational and Environmental Medicine has shown a potential link between working night shifts and risk of developing ovarian cancer, with the risk lower for night types (”owls”) than for morning types..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

AA on Transport Committee’s new inquiry

Simon Douglas, director of AA Insurance said he welcomed the Transport Committee’s enthusiasm to understand the impact that whiplash injury claims is having on motor insurance premiums, but added, “It seems odd that it has taken a year..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

Argo International appoints professional indemnity underwriter

Lloyd’s insurer Argo International has appointed James McPartland as an underwriter in its professional indemnity team. He will report to Ryan Barnes, Class Underwriter. McPartland has over a decade of experience as a professional indemnity..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

Employment Tribunal rules delayed until summer

Jo Swinson MP, Minister for Employment Relations and Consumer Affairs, has confirmed that new rules governing Employment Tribunal practice and procedure which had been expected to come into force next month, will now be delayed until the summer. In..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

HSE enforcement action on construction sites

Nearly one in five construction sites visited across Britain have been subject to enforcement action after failing safety checks. In a month long initiative, inspectors from the Health and Safety Executive (HSE) visited a total of 2,363 sites where..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

Equal pay for men and women

Kenny v Minister for Justice, Equality and Law Reform · European Court of Justice · The Weekly Law Reports (www.iclr.co.uk) · 28 February 2013
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

ABI report uncovers “real cost of motor insurance”

Personal injury claim costs now make up the largest proportion of motor insurance claim costs, with whiplash claims alone accounting for 20% of premium income, according to an ABI report. “Lifting the bonnet on car insurance – what..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

£7.3 million clinical negligence compensation

Clinical negligence compensation totalling £7.3 million has been awarded to the family of a teenager who sustained brain damage a few days after his birth. He will require round-the-clock care for the rest of his life as he suffers from..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

Guidance for small businesses on Equality Act

The Equality and Human Rights Commission has launched “easy to understand” advice for businesses on how to prevent discrimination and avoid costly legal challenges. One guide, “The Equality Act: Guidance for Small Business,”..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

Seven-figure compensation for brain damage from trip

A seven-figure compensation sum has been awarded to a man who was left severely brain damaged after an accident in London. He sustained a major head injury when he fell heavily after stumbling into a pothole. His injuries were so severe that he..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

New report on human sensitivity to radiation

Evidence suggests that the risk of developing cancer or tissue damage after exposure to ionising radiation varies among people because of genetic and lifestyle factors, according the Health Protection Agency’s independent Advisory Group on..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

Higher education staff survey highlights stress

A survey of more than 14,000 higher education staff in the UK, carried out by the union UCU, has found academics and academic-related staff are increasingly stressed by a feeling of loss of control over the way they work. The report found that..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

Rights of part-time fee-paid judge

Ministry of Justice (formerly Department for Constitutional Affairs) v O’Brien · Supreme Court · The Weekly Law Reports (www.iclr.co.uk) · 6 February 2001
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

£21,000 in compensation for occupational asthma

A man who developed occupational asthma after he was exposed to high levels of “Western Red Cedar” sawdust through his work has received £21,000 in an out of court settlement. He was employed by a joinery that specialises in making..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

£150,000 settlement for RTA victim

A woman who developed complex regional pain syndrome after she was injured in a head-on collision has received £150,000 in an out of court settlement. She had been travelling as a front-seat passenger in a car which collided head-on with an..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

Reducing the Number & Costs of Whiplash Claims: Civil Justice Council Response

In its response to the Government consultation on whiplash claims, the Civil Justice Council responded to the question: “Should the Small Claims track threshold be increased to £5,000 for RTA related whiplash claims, be increased to..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

Employment Tribunal award over disability discrimination

Agency workers are set to have better anti-discrimination rights after an Employment Tribunal awarded a woman over £35,892 for disability discrimination and unfair dismissal in a case funded by the Equality and Human Rights Commission. The..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

£27,000 settlement for injured cyclist

A cyclist who was struck by a car and thrown from his bike has received £27,000 in an out of court settlement. The force of the impact threw him from his bike and caused him to land heavily on his left shoulder and arm. The man suffered a..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

Survey of personal injury law firms reveals concerns

Nearly a fifth of the North West’s specialist personal injury law firms are considering shutting up shop due to the financial impact of the Government’s sector reforms coming into force this spring, according to law firm O’Connors..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

County Courts (Financial Limits) Order (Northern Ireland)

The County Courts (Financial Limits) Order (Northern Ireland) 2013 came into effect on 25 February 2013. This increased the jurisdiction of the District Judges’ Court from £5,000 to £10,000, and the jurisdiction of the County Court..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

RoSPA calls for A&E injury data collection

The Royal Society for the Prevention of Accidents (RoSPA) has joined the call for detailed injury data in a bid to tackle the huge burden of accidents at A&E. According to the NHS, A&E attendances in England have doubled during the last 20..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

Employment law 2013: progress on reform By Department for Business, Innovation and Skills

Businesses have told us that dismissing staff is time-consuming and difficult, sometimes inadvertently leading to unnecessary employment tribunal claims. The risk is that the fear of being faced with tribunal claims impedes growth because businesses..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

£43,857 settlement for back injury

A man who lost his job after injuring his back lifting a heavy memorial stone at work has received £43,857 in an out of court settlement. The man was helping a colleague move the large memorial stone, and the only equipment they were provided..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

£7,000 in damages for frozen shoulder

A man who suffered a frozen shoulder in a fall after his vision was clouded by ammonia vapour has received £7,000 in damages. He was walking past an incinerator when it blew out a cloud of ammonia vapour temporarily affecting his sight. He then..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

ABI call for medical assessment of whiplash claims

Anyone claiming whiplash injury should be required to undergo examination by an accredited medical expert under proposals to curb the UK’s whiplash epidemic published by the Association of British Insurers (ABI). The association said it has..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

£6,500 damages for fractured foot

A factory worker who suffered a fractured foot has received £6,500 in compensation. He suffered two fractured metatarsals in his left foot and was off work for seven weeks. The machine operator had been trained to move the five foot long alloy..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

EEF survey on health and safety issues

Senior managers in manufacturing companies are increasing their investment in, and commitment to, health and safety issues and continue to see significant benefits from this, according to a survey published by EEF, the manufacturers’..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

Marsh highlights government’s claims reforms

The Ministry of Justice’s claims reforms, set to be implemented between 2 April and 31 July, will have a profound impact on the way in which organisations in England and Wales manage their insurance claims notification procedures, according to..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

IOSH advice on needlestick and sharps injuries

Health and safety professionals have been given advice from the Institution of Occupational Safety and Health (IOSH) Health-care Group on how new laws can help them reduce needle, scalpel blade and other sharps injuries in the healthcare..
Online Published Date:  23 April 2013
Appeared in issue:  272 - 23 April 2013

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