i-law.com - Newsletter (Liability Risk and Insurance)

Underwriter sues over trip and fall

Underwriter sues over trip and fall An underwriter with Norwich Union is reported to be suing Aviva for £5,000 in compensation after she tripped and fell over a file full of accident claims. The file was left on the floor by a colleague, and..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Aon and QBE extend solicitors’ PI facilities

Aon and QBE extend solicitors’ PI facilities Aon and QBE have agreed to continue their solicitors’ Professional Indemnity (PI) insurance facilities through to 2008. According to the two, the deal is of great significance to the legal..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

The Willis Worldwide Directory of D&O Liability

The Willis Worldwide Directory of D&O Liability Willis Group has announced the publication of The Willis Worldwide Directory of Directors’ and Officers’ Liability. The guide details the potential personal liabilities of directors in..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Illium launches UK Commercial Motor division

Illium launches UK Commercial Motor division Lloyd’s liability insurer, Illium Syndicate 4040 is launching a new UK Commercial Motor division for 2006. The Commercial Motor Underwriting team is headed up by John Shepherd. He joins Illium from..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Challenging times for claims professionals

Challenging times for claims professionals Global claims professionals are facing one of their most challenging periods ever, according to John Attey, Global Claims Leader for GE Insurance Solutions. Speaking at the company’s inaugural..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Winning the Blame Game?

Winning the Blame Game? UK businesses and local authorities continue to be hampered by the costs of dealing with the UK’s compensation culture, and many of the causes of the problem are not being addressed by the Government’s new..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Monthly quota

Monthly quota “I don’t think anyone is surprised that we live in a world that when something bad happens, somebody gets sued. But I’m still coming to grips with the fact that we now appear to live in a world that when something bad..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

I can’t get no satisfaction

I can’t get no satisfaction Workers who are dissatisfied with their jobs are more likely to become ill, according to the largest ever study into the links between job satisfaction and physical and mental well-being. Apparently, job..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Scottish Parliament rejects APIL’s compensation petition

Scottish Parliament rejects APIL’s compensation petition A campaign to close a loophole in the law which prevents many injured Scottish workers from obtaining compensation has been set back until the end of next year, according to the..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

New president for PEOPIL

New president for PEOPIL The Pan European Organisation of Personal Injury Lawyers (PEOPIL) has elected its new president, John Pickering. He heads the personal injury department at Irwin Mitchell. He replaces outgoing president John Price who has..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Personal injury lawyers don’t like the Bill

Personal injury lawyers don’t like the Bill Personal injury lawyers have attacked the Government’s Compensation Bill, saying that it panders to scares stories about a compensation culture. Law firm Thompsons said the government..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Another TUC concern over Compensation Bill

Another TUC concern over Compensation Bill The Compensation Bill aims to regulate claims management services, and will create an offence of providing claims management services unless the person is authorised, exempted, or subject to a waiver by the..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

TUC concern over Clause 1of Compensation Bill

TUC concern over Clause 1of Compensation Bill The TUC has said it has a number of concerns about the Compensation Bill which was published on November 2. The first involves the introduction of a clause (Clause 1), which states that: “A court..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Government publishes Compensation Bill

Government publishes Compensation Bill Unscrupulous claims management companies will no longer be able to exploit the public when they are considering claiming for compensation, according to the Secretary of State for Constitutional Affairs and Lord..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Insurance report for technology companies

Insurance report for technology companies Marsh has released the “Technology and telecommunications industry report”, which is a component of Marsh’s “Liability Insurance Buyers Report, Europe 2005.” The data in this..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Work drivers are potentially lethal ‘crash magnets’

Work drivers are potentially lethal ‘crash magnets’ A new study has examined the factors influencing the behaviour of people who drive at work. The findings emerged from a survey of a range of workers in Strathclyde, including drivers,..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Marsh launches new Public Sector Practice

Marsh launches new Public Sector Practice Marsh is to launch its new national Public Sector Practice on 1 January 2006. The new national Public Sector Practice will focus on developing Marsh’s business with local authorities, development..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Heavy lifting means more physical disorders

Heavy lifting means more physical disorders A report by Statistics Sweden and the Swedish Work Environment Authority, entitled “Heavy lifting and other physically heavy work”, has examined the working environment for occupations with..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

TUC report warns of occupational cancer epidemic

TUC report warns of occupational cancer epidemic A TUC report says that Britain is facing an occupational cancer epidemic that could be killing up to 24,000 people every year. This is four times official estimate of the Health and Safety Executive..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

RSI court judgments’ database launched

RSI court judgments’ database launched A new database has been launched which expands and updates existing information on important Court judgments in repetitive strain injury (RSI) cases. The work related upper limb disorder (WRULD) database..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

5000+ RUC officers sue for psychiatric injury

5000+ RUC officers sue for psychiatric injury The biggest group action ever in the Northern Ireland High Court has begun. The case is being taken by over 5000 serving and former police officers who are claiming damages for alleged negligence by..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Stress report from NHS Employers

Stress report from NHS Employers Over 60% of NHS organisations believe up to half their staff may be suffering from workplace stress, according to a new report, “Workplace Stress in the NHS,” published by NHS Employers. The report..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

EU parliament approves REACH package

EU parliament approves REACH package The European Parliament has approved a legislative package that will “considerably benefit the environment and public health as well as taking the interests of industry into account.” The package,..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

IOHS calls for lower EL premiums for members

IOHS calls for lower EL premiums for members The Institution of Occupational Safety and Health (IOSH) has called on the Association of British Insurers (ABI) to support lower Employers’ Liability premiums for companies employing chartered IOSH..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Increase in Scottish workplace fatalities

Increase in Scottish workplace fatalities Statistics released by the HSE (Health and Safety Executive) have revealed a major increase in the number of reported fatalities occurring in the Scottish workplace. The number of fatalities in Scotland rose..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Statistics on work related injuries/ill health for 2004/2005

Statistics on work related injuries/ill health for 2004/2005 The Health and Safety Executive (HSE) has published the national statistics on work related injuries and ill health for 2004/2005, which show major reductions. There was a reduction of 7%..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

This Makes Me Sick website launched

This Makes Me Sick website launched A new website and blog has been launched entitled www.ThisMakesMeSick.com. The blog is the brainchild of “renowned medical inventor” Dr Robert Fischell and the Technology, Entertainment, Design (TED)..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

House passes Lawsuit Abuse Reduction Act

House passes Lawsuit Abuse Reduction Act The US House of Representatives has passed the Lawsuit Abuse Reduction Act of 2005 (LARA). The aim of the Act, according to the American Tort Reform Association (ATRA), is to deter the filing of frivolous..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Risk of colorectal cancer from asbestos exposure

Risk of colorectal cancer from asbestos exposure Men who have been exposed to asbestos run a greater risk of developing colorectal cancer, according to US researchers. Dr Mark Cullen from Yale University School of Medicine and colleagues used data..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Electrosensitivity advice from HPA criticised

Electrosensitivity advice from HPA criticised The Daily Telegraph quoted Dr Jill Meara, the deputy director of the HPA’s radiation protection division, as saying that people with electrosensitivity should steer clear of electrical..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Health Protection Agency’s electrical sensitivity report

Health Protection Agency’s electrical sensitivity report The Health Protection Agency’s Radiation Protection Division has published a review of electrical sensitivity: “Definition, Epidemiology and Management of Electrical..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

No legal aid for Vioxx claimants

No legal aid for Vioxx claimants A large number of people looking to sue the makers of Vioxx have lost an appeal over legal aid for their case. Over 200 people who had heart attacks or strokes while taking the painkiller Vioxx were hoping to gain..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Merck successfully defend second Vioxx case

Merck successfully defend second Vioxx case In the second action brought in the US against Merck, the company responsible for the manufacture and distribution of Vioxx, the court has thrown out the case. The man was taking Vioxx for just 2 months..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Gulf War Syndrome acknowledged

Gulf War Syndrome acknowledged The Pensions Appeal Tribunal has ruled that Gulf War Syndrome could be used as an umbrella term to cover the ailments suffered by an ex-soldier. The tribunal said the soldier should be awarded a disability pension for..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Survey on working beyond 65

Survey on working beyond 65 A new survey by disability insurer, UnumProvident, has revealed that more than a third of UK workers accept that they will have to work beyond 65 years for financial reasons despite concerns by 31% of employees that their..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Bring back legal aid say personal injury lawyers

Bring back legal aid say personal injury lawyers A survey of personal injury lawyers has found that 45% expect personal injury claims to increase by almost 20% over the next two years, while 55% expect them to stay the same despite the..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Government urges rejection of spurious claims

Government urges rejection of spurious claims Lord Falconer, Secretary of State for Constitutional Affairs and Lord Chancellor, has warned that insurers and local authorities need to find ways to reject bad claims, rather than just paying out for..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Judges should explain their decisions

Judges should explain their decisions Although county court judges should be encouraged to give short judgments it was nevertheless essential that they should grapple with conflicts in the evidence of witnesses and deal with the fundamental issues..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Manager is jointly liable with employer for discrimination

Manager is jointly liable with employer for discrimination A manager who consciously fostered and encouraged a discriminatory culture at work by behaviour and example against a pregnant employee was jointly and severally liable together with the..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Expert evidence must not be assessed separately

Expert evidence must not be assessed separately Where expert evidence was relevant the judge had to consider it when he was reaching his conclusions on the credibility of all the witnesses. The Court of Appeal so held when dismissing an appeal by..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Assessing damages for whistle-blower

Assessing damages for whistle-blower The assessment of an award of compensation for injured feelings to a whistle-blower who, having made a protected disclosure had suffered a detriment, could include the entire period up to, but not including, the..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Compensation for attacks on teachers

Compensation for attacks on teachers Teaching union NASUWT has won two significant compensation cases as part of its ongoing campaign to support and protect teachers who are the victims of violent attacks. In Preston, NASUWT won just under..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Widow of mesothelioma victim wins £120,000

Widow of mesothelioma victim wins £120,000 A widow has won £120,000 compensation for the death of her husband who died through working with asbestos. He worked as a shop fitter in a factory where asbestos sheets were cut by machine,..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Retained Organs Group Litigation settled

Retained Organs Group Litigation settled The NHS Litigation Authority (NHSLA) has confirmed that the long-running Nationwide Retained Organs Group Litigation (NOGL) has been resolved. The claimants are to share damages in excess of £3.6mn and..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Settlement for ladder fall injury

Settlement for ladder fall injury A man has received £4,650 in an out-of-court settlement from his employer after falling from a ladder. The contract labourer broke a bone in his back and was not able to return to work for four months. The..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

£1.2mn for salmonella poisoning

£1.2mn for salmonella poisoning A woman has been awarded more than £1.2mn in compensation after she suffered salmonella poisoning after eating a meal at a Chinese restaurant. The salmonella caused debilitating reactive arthritis, meaning..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Trust pays out £500,000 for botched operation

Trust pays out £500,000 for botched operation An NHS Trust has been forced to pay in excess of £500,000 in compensation to a woman who almost died from complications after an operation went wrong. The case was settled out of court. The..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

£1.5mn in compensation for riding accident

£1.5mn in compensation for riding accident A woman who was badly injured in a riding accident has been awarded £1.5mn in compensation. The woman, a horse trainer, was paralysed from the waist down when she fell on to the concrete yard from..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Settlement for injury caused by adapted tool

Settlement for injury caused by adapted tool A man has received £22,500 in an out-of-court settlement from his employer after sustaining an injury, which convinced him he was going to die. The man lacerated his abdomen and small bowel whilst..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

£1.32mn in damages for operation injury

£1.32mn in damages for operation injury A man who suffered brain damage during an operation has won £1.32mn in damages. The man was injured during an operation for sinusitis when his brain was accidentally cut into. The man now suffers..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Damages paid to police harassment victim

Damages paid to police harassment victim A woman who was harassed by a retired policeman has been awarded £20,000 in damages. The policeman was investigating the alleged rape of the woman’s daughter. He denied the allegations. She claimed..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Teacher wins discrimination case over back injury

Teacher wins discrimination case over back injury A teacher has won £7,500 in compensation after she was discriminated against by her school. The teacher suffered a back injury and her doctors recommended a number of changes to her work..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Icy fall injures foot

Icy fall injures foot A woman has received £3,400 in an out-of-court settlement from a shopping centre after severely injuring her foot slipping on black ice at work. She fractured her right foot whilst working as a visual merchandiser for a..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

£3mn compensation for cerebral palsy

£3mn compensation for cerebral palsy A boy has been awarded £3mn in damages for brain damage caused at birth. He developed jaundice which was not treated quickly enough, and it resulted in cerebral palsy. The NHS Trust denied liability...

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

£4mn for brain damaged road accident victim

£4mn for brain damaged road accident victim A teenager left with permanent brain damage and physical disabilities after a road accident has been awarded £4mn in compensation after a four-year legal battle. She was hit as she crossed the..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

£3.7mn in compensation for scaffold fall

£3.7mn in compensation for scaffold fall A man who suffered brain damage after falling from scaffolding has received £3.7mn in compensation. The man fell 40 feet from a scaffolding platform when a hand rail became loose. He suffered very..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Award for trapped finger injury

Award for trapped finger injury A man has been awarded £6,500 in compensation in an out-of-court settlement after sustaining multiple finger fractures in a workplace injury. He was preparing to cut a heavy steel block which had to be lifted..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

£2mn in damages for brain damaged baby

£2mn in damages for brain damaged baby The mother of a brain damaged baby has received £2mn in damages. The payment was made in an out-of-court settlement shortly before the case was due to be heard. She claimed that her baby was starved..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

MoD pays out £5mn for crash

MoD pays out £5mn for crash The Ministry of Defence has paid out £5mn to the family of a man who died in a plane crash. The man was piloting a Cessna plane when it crashed into the runway as it was landing. His family blamed an RAF Sea..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Roofer wins compensation for accident

Roofer wins compensation for accident A man has been awarded £2,100 in an out-of-court settlement by his employer following an accident. The man tore ligaments in his left ankle whilst working as a roofer. He was carrying a gas bottle on his..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Compensation for stressed Royal Marine

Compensation for stressed Royal Marine The Ministry of Defence has paid out a six-figure sum in compensation to a former Royal Marine who developed post-traumatic stress disorder. In 1989, the soldier witnessed the bombing of the Royal..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Dyslexia woman claiming damages

Dyslexia woman claiming damages Governors of a school, and the local council, are being sued for damages by a woman who says that her exam grades were affected by the school’s failure to deal with her dyslexia, and this had ruined her career...

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Worker forced to sue to pay for cancer drug

Worker forced to sue to pay for cancer drug A former shipyard worker, aged 69, who is dying from mesothelioma, has been forced to launch legal proceedings against his former bosses so he can pay for the cancer drug Alimta, which studies show can..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Disability discrimination win against mobility company

Disability discrimination win against mobility company A man who was rejected for a sales job at a company that makes mobility aids for disabled people has won a claim of disability discrimination in the Court of Appeal. This is reported to be the..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005

Liability Insurance Buyers Report 2005 from Marsh

Liability Insurance Buyers Report 2005 from Marsh New research by Marsh, reveals an average reduction of 11.7% per €1mn of coverage in liability rates across Europe from 2004 to 2005, providing further evidence of the softening insurance..

Online Published Date: 01 December 2005

Appeared in issue: 184 - 01 December 2005