i-law

Liability Risk and Insurance

More than £6000 damages for motorbike accident in France
A couple who were injured in a motorcycle accident while on holiday have received compensation of £6,000. They were driving across France when a French driver collided with them. They both suffered injuries that affected their ability to work..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Settlement of £4mn for deaf woman
A woman who was left severely deaf after problems during her birth has won a settlement of more than £4mn. She suffered 17 hours of fetal distress, during which time she experienced meconium aspiration. Meconium is the baby’s faeces which..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
£125,000 in compensation for mesothelioma
The family of a builder who died after developing mesothelioma through his work has received £125,000 in compensation. He undertook a very wide variety of building work throughout his working life, specialising in plastering and artexing. He..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
£50,000 settlement for lost leg
An 18-year-old boy injured when he was run over by a van has received £50,000 in compensation. He was driving his scooter and as he was pulling out of a car park he was run over by the defendant’s van. He was forced to have his lower leg..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
£85,000 in damages for back injury
A woman who slipped at work and injured her back has received £85,000 in damages. The woman was working at a hospital and was studying for a pre-registration diploma in nursing at the time of the accident. Despite repeated complaints, a faulty..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Cyclist wins £10,000 in damages
A cyclist who was injured when he was hit by a car has received more than £10,000 in compensation. He was cycling along a main road when he was knocked over by a car crossing over the road. His injuries included a dislocated shoulder, and..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
£55,000 in compensation for ruptured spleen
A man who sustained serious injuries including a ruptured spleen when he fell backwards through a ceiling hatch has been awarded £55,000 in compensation. The man, who worked in a fish and chip shop, was putting stock into an overhead storage..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
£16,000 in compensation for cyclist
A cyclist who was injured when he was hit by a car has been awarded £16,000 in compensation. He was riding his bike along a country lane when he was involved in a cycling accident. A car driving too quickly ran into the back of his bike,..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Hiscox research on US hospital liability losses
The frequency of large US hospital liability losses of $5mn or above has risen over the last ten 10 years and is set to increase further in the next three years, according to industry research by Hiscox. With large losses making up around 0.25% of..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Cooper Gay appoints US casualty specialist
Cooper Gay has appointed a US casualty specialist, Galen Brislane, in London. Following the recent coming together of Cooper Gay and Swett & Crawford, Mr Brislane will be focused on supporting its US operations to target North American casualty,..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Marine market review from Willis
While the shipping industry is showing tentative signs of recovery, the surplus capacity in the marine insurance market defies logic as more insurers queue up to enter an already crowded line of business where rates are continuing to fall, according..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Research into financial impact of work-related asthma
New research in the journal Thorax has suggested the financial impact of asthma brought on by working conditions in the UK could be up to £135mn a year. According to Irwin Mitchell’s David Johnston-Keay, the team behind the research,..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Medtronic pays $268mn settlement
US medical devices manufacturer Medtronic has agreed to pay $268mn to settle about 8100 personal injury cases. The company recalled a number of defibrillation leads prone to cracking and other failures three years ago. The settlement relates to the..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Government committed to European Convention on Human Rights
Justice secretary Kenneth Clarke has reaffirmed the government’s commitment to rights and freedoms in the UK and to the European Convention on Human Rights (ECHR). The justice secretary was giving evidence to parliament’s joint..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
TUC lists workers’ safety concerns
Stress, bulling and harassment, back strains, slips, trips and falls, and overwork top the list of workers’ safety concerns, according to the Trades Union Congress’s (TUC’s) biennial survey of safety reps. The 2010 survey found..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Serious and fatal injuries up in farming sector
A sharp rise in the number of people killed or seriously injured on British farms has wiped out previously achieved safety gains. New figures released by the Health and Safety Executive (HSE) show in Britain between April 2009 and March 2010, the..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Study reveals chronic stress problem for UK workers
The latest Badenoch & Clark employment study has revealed a prolific stress problem in the UK workplace. A high number of employees (84%) are stressed at work, with one in seven (14%) workers admitting to being very or extremely stressed. The..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Study shows employees hide stress concerns
A study by leading mental health charity Mind has found talking about workplace pressures remains a huge taboo. Stress has forced one in five workers (19%) to call in sick, yet the vast majority of these (93%) say they have lied to their boss about..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Stress at Work – new British Academy report
A new British Academy report, Stress at Work, has revealed an increase of 4 to 6% in work stressors such as workload, conflict, job security and organisational change from spring 2009 to spring 2010, a marked rise in the previous 0.5 to1.0% yearly..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
HSE figures on mesothelioma deaths for 2008
The Health and Safety Executive HSE has released the statistics for mesothelioma deaths nationally during 2008. The figures reveal 2249 people died of the fatal asbestos-related cancer in 2008, up from 2156 for the previous year. In Yorkshire, the..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
European food safety risks survey
A new European food survey shows people in the UK take a more measured approach to possible food safety risks than their European neighbours. The food survey, carried out by the European Food Safety Authority (EFSA), asked about 27,000 consumers..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Lack of insurance means missing out on rehabilitation
Irwin Mitchell has expressed concern people severely injured in accidents at work are missing out on rehabilitation and care they need because of the rising number of businesses with inadequate or no insurance. Since the recession, there has been..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Lords debate Young’s ‘Common Sense Common Safety’ report
Lord Young of Graffham, speaking in the Lords’ debate on his report, ‘Common Sense Common Safety, said: ‘I hope over the next year the report’s various provisions will come into effect and health and safety will become less..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
UCATT concerned by reduction in HSE budget
Analysis by construction union UCATT has discovered six construction workers were killed in the week the Government announced it was slashing funding to the Health and Safety Executive (HSE) by 35%. UCATT said, ‘With fears growing the cuts..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Companies increasingly using early conciliation service
Businesses are opting for early intervention in workplace disputes rather than facing the stress of an employment tribunal claim, according to a survey looking at the use of pre claim conciliation (PCC) – a free Acas early conciliation..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Government consultation on implementing Jackson reforms
The government has launched a consultation on reforms to the legal aid scheme. The consultation aims to tackle the spread of expensive and often unnecessary litigation into everyday society at the taxpayer’s expense, and bring down the £2..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Government consultation on implementing Jackson reforms
The government has published a consultation paper seeks views on implementing the recommendations of Sir Rupert Jackson, a judge of the Court of Appeal, on reforming ‘no-win-no-fee’ conditional fee agreements (CFAs) and some other..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Lawyer Francis Kean joins Willis
Willis Group has appointed Francis Kean, one of the UK’s leading directors and officers, (D&O) and professional liability lawyers, as an executive director in FINEX Global, the insurance broker’s financial, executive risk and..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
ISO’s insurer A2A solution for MoJ reforms
Insurance Services Office (ISO), the provider of personal injury claims products and services, has developed the industry’s first insurer application-to-application (A2A) solution to address all three stages of the Ministry of Justice (MoJ)..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
2009 Reported Road Casualties for Scotland
Detailed road casualty figures for Scotland show all road users have a part to play in improving safety, according to the Royal Society for the Prevention of Accidents. The study, Reported Road Casualties Scotland 2009, puts the estimated total cost..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Lord chancellor to review discount rate
Agreement by the lord chancellor to review the discount rate, after increasing pressure from lawyers, has been welcomed by the Association of Personal Injury Lawyers (APIL). The discount rate set by the (then) lord chancellor in 2001 was based on..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
APIL demands county court hearing guarantee
The Association of Personal Injury Lawyers (APIL) has asked the Ministry of Justice (MoJ) to provide a guarantee all county court hearings will take place within 20 working days of a preliminary application being issued if proposals to close courts..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
£210,000 in compensation for head injury
A man has received £210,000 in compensation after he was left with blurred vision, severe anxiety and personality changes being hit the head an iron bar. He was inspecting a delivery wagon in his role as a reception assistant. He asked the..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
£5500 settlement for occupational dermatitis
An aircraft engine manufacturing firm has agreed to pay £5500 compensation in an out-of-court settlement to an employee who developed painful dermatitis after he was exposed to a corrosive coolant at work. He was exposed to the coolant while..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
£220000 in compensation for suicide family
The husband of a woman who committed suicide after a catalogue of errors by the NHS meant she was neglected despite clearly suffering from depression has been awarded £220,000 in compensation. It was argued the NHS trust had acted negligently..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Mid Staffordshire NHS Trust cases settled
Leigh Day lawyers have settled 97 individual claims for slightly more than £1.1mn involving Mid Staffordshire NHS Trust. The claims were all argued under the Human Rights Act and alleged the poor treatment the mostly elderly people received at..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
£4000 compensation for RTA
A man who injured his back and neck when he was involved in a road traffic accident has received £4000 in compensation. He was driving his car through the centre of town and had pulled into the central reservation to turn right across the other..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
£200,000 in compensation for crushed leg
A man whose leg was crushed when a crane toppled over has won £200,000 in compensation. He worked as the operator of a crane. The steering was faulty, so a mechanic had been called in to repair it. The crane operator was instructed to raise the..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
£1mn in damages for foot injuries
A man who sustained severe injuries, including the loss of four toes, after being run over by an articulated lorry, has received £1mn in damages. The man, whose career was ended as a result of his injuries, had pulled over to assist a fellow..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Time-limited offer not within meaning of CPR Pt 36
A time-limited offer was not capable of being an offer within the meaning of CPR Pt 36, which established an offer must be capable of acceptance unless and until withdrawn by service of a notice within CPR r 36.9(2). A judge sitting in the Chancery..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Airline insurance market getting softer
The airline insurance market appears to be getting softer as the year progresses, with prices only rising for operations where there has been a loss, a significant increase in exposure or both, according to Aon’s latest Airline Insurance..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
£4.5mn in compensation for hospital delay victim
A woman who was left brain damaged after a delay in treatment has been awarded £4.5mn in compensation. She collapsed at home and was taken to hospital but delays in diagnosis and hospital transfers led her condition to deteriorate. She was left..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
£20,000 in discrimination case
A woman who was dismissed from her job in a care home because she was pregnant has won nearly £20,000 in a discrimination case against her former employer. She claimed she was dismissed from her job at a care home during her probationary period..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Six -figure compensation for road traffic victim
A man who sustained serious head injuries when he was hit by a speeding motorcyclist while crossing a road in north London has been awarded a six-figure sum in compensation. The claimant suffered a severe head injury and associated severe brain..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
How safe is Bisphenol A? By Lloyd’s of London
By Lloyd’s of London
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Proposals for the Reform of Legal Aid in England and Wales – Executive Summary
The government strongly believes access to justice is a hallmark of a civil society. The proposals set out in the consultation paper represent a radical, wide-ranging and ambitious programme of reform that aims to ensure legal aid is targeted to..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Serving a claim form in time
Negligent failure to serve a claim form in time for the purposes of CPR rr 7.5/7.6 was not in itself an abuse of process. Nevertheless, failure to serve on time had always been dealt with strictly. This was because in England, unlike most civil law..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Proposals for Reform of Civil Litigation Funding and Costs in England and Wales: Implementation of Lord Justice Jackson’s Recommendations – executive summary
Lord Justice (Sir Rupert) Jackson was commissioned in late 2008 by the then-Master of the Rolls to undertake a review of the rules and principles governing the costs of civil litigation in England and Wales and to make recommendations to promote..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
£115,000 award for road traffic victim
The husband of a woman who was killed when she was hit by a speeding car when crossing a road has received compensation of £115,000. She was knocked over by a woman who was driving too quickly and who had been using her mobile phone. The driver..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Trade union to challenge EL mesothelioma ruling
Unite the union has confirmed it will go to the Supreme Court to challenge a Court of Appeal ruling that threatens to deprive thousands of asbestos cancer victims and their families of their rightful compensation. In a landmark ruling earlier this..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Road casualties down for year to June 2010
Provisional estimates from the Department for Transport show for the 12 months to end of June 2010, reported road casualties were down 3%, and killed or seriously injured casualties were down by 7%, compared with the 12-month period ending June..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Argo International appoints deputy underwriter - casualty
Richard Smart has joined Argo International, a specialist Lloyd’s insurer and subsidiary of Argo Group International Holdings, as deputy underwriter – casualty, with immediate effect. He was previously head of professional indemnity at..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
HSE figures on manufacturing sector injuries
Fewer people in manufacturing are dying or being injured by their work, according to the latest figures by the Health and Safety Executive (HSE). In Britain, between April 2009 and March 2010, the number of reported major injuries, such as..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Report: medical rehabilitation in 2011 and beyond
The future of medical rehabilitation services hinges on more flexible commissioning arrangements, according to a new report by the Royal College of Physicians (RCP) and the British Society of Rehabilitation Medicine (BSRM). The report details the..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
WHO highlights worldwide passive smoking risks
Around 603,000 people, including 165,000 children, die each year worldwide as a result of passive smoking, according to World Health Organisation (WHO) scientists. The figures suggest passive smoking is behind around one in 100 deaths and highlight..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
CIPD survey into stress at work
More than one third (35%) of employers across all sectors have reported stress-related absence has increased over the past year and it is the main cause for persistently high levels of long-term public sector absence, according to the Chartered..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
Waste and recycling sector injury rate four times average
The combined fatal and major injury rate in waste and recycling is more than four times the average across all industries. The Health and Safety Executive (HSE) said that 416 employees per 100,000 suffer a major injury or are killed at work compared..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
US trade union in occupational lung cancer screening call
United Steelworker USW, the largest industrial union in North America, has called for an urgent strategy meeting about occupational lung cancer medical screening in the US. The US National Cancer Institute recently released the results of a 10-year..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
$625mn settlement accepted by 95% of WTC plaintiffs
More than 95% of the eligible plaintiffs have accepted a settlement worth at least $625mn in compensation, which will result in the dismissal of their claims against the City of New York and its contractors for injuries they say they suffered from..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
US voters see too many ‘meritless’ lawsuits
The US Chamber Institute for Legal Reform (ILR) has released a survey that reveals 88% of voters who cast ballots in the recent US mid-term elections believe there are too many ‘meritless’ lawsuits, while eight out of 10 want the next..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010
£11,000 damages for broken ankle
A man who suffered a badly broken ankle when he was hit by a car while crossing the road has been awarded more than £11,000 in compensation. He was crossing over the road he was working on when a car driving along the road failed to notice him,..
Online Published Date:  26 December 2010
Appeared in issue:  244 - 20 December 2010

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