i-law

Liability Risk and Insurance

Whiplash claims up, road accident injuries down
Data from the Institute and Faculty of Actuaries (IFA) shows whiplash type claims continue to increase despite Police statistics showing a decrease in road accident injuries. The latest report from the IFA looking at third party motor UK claims..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
UCATT research into construction fatalities
New research by construction union UCATT shows that construction fatalities were highest in 2011/12 in the Midlands, the North West, Eastern England, the South East and South West. There were a total of 49 construction fatalities in 2011/12, one..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Gard P&I Club announces latest information on calls
Protection & Indemnity club Gard has announced that the 2009 policy year is closed with no supplementary calls being levied, and no further deferred calls or supplementary calls are expected for the 2010 and 2011 policy years. It also announced..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
£57,090 in compensation for unfair dismissal
A nurse has won her unfair dismissal claim against her former nursing home employers and has been awarded £57,090 in compensation. She helped a patient take a photograph of his leaking colostomy bag as he was concerned that no one would take..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Aon Risk Solutions’ Airline insurance market update Q4 2012
Lead hull and liability premium figures in the airline insurance market have fallen fairly consistently throughout 2012, with the average airline insurance programme enjoying around a 10% average reduction despite increases of 5% in average fleet..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
ABI advice over impact of gender-neutral pricing
With the arrival of gender-neutral pricing, the Association of British Insurers (ABI) has stressed that the insurance market will remain competitive despite the ruling and has published key consideration points for consumers set to be affected by..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Compensation of £150,000 for carbon monoxide exposure
A fast food worker who has been left profoundly deaf after he was exposed to carbon monoxide fumes which killed his colleague at a South London takeaway has received compensation of £150,000. His friend and work colleague was killed by the..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
£860,000 settlement for RTA injury
A woman who suffered life-changing injuries when she was run down by a motorist has received more than £860,000 in an out of court settlement. She has undergone a total of 12 operations, including an above the knee amputation to her left leg...
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
£23,000 in compensation for stair fall death
A hotel has paid £23,000 in compensation after a woman fell to her death down a flight of stairs on the premises whilst on holiday with her husband. They had just arrived at their hotel and were on their way downstairs for something to eat when..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Employment rights and article 8 of the European Convention
The procedures in section 98 of the Employment Rights Act 1996 whereby an employment tribunal had to consider whether in an unfair dismissal case the employer acted fairly within a range of reasonable responses open to the reasonable employer did..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Health and Safety Executive Annual Statistics Report (2011/12)
The provisional statistics published by the Health and Safety Executive (HSE) show that in Britain between April 2011 and March 2012: 22,433 major injuries such as amputations, fractures and burns, to employees were reported - a rate of 89.90..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Solicitors Regulation Authority on professional indemnity renewals
Insurers have underwritten nearly £240 million worth of business for solicitors in England and Wales, according to the Solicitors Regulation Authority (SRA). Figures for the 2012/13 professional indemnity insurance (PII) year have been collated..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Compensation scheme claim doesn’t prevent MoD claim
A successful claim under the Armed Forces Compensation Scheme does not prevent an injured victim from also making a claim against the Ministry of Defence, according to Mark McGhee, a military claims specialist with Fentons Solicitors with expertise..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Equal pay claims, tribunals and the High Court
A claim in respect of the operation of an equality clause in a contract of employment could never more conveniently be disposed of by an employment tribunal, rather than a court, if the tribunal would not be able to determine the claim on its merits..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Law Society warning over “employee owner” status
The complexity and costs associated with offering employee ownership in return for the forfeiture of employment rights is likely to deter employers from recruiting on this basis, the Law Society has warned. The proposed new “employee..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Study into hospital mistakes after surgery
Patients recovering from surgery can expect to experience four or five mistakes in the care they receive from the doctors and nurses looking after them according to a study carried out by researchers from Imperial College London in a large..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
House of Commons report calls for more regulation of medical devices
The House of Commons Science and Technology Select Committee has published a report calling for more regulation of medical devices before they are used on patients. Often devices are introduced using a “similar equivalence” test which..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Supreme Court sets legal precedent in abuse case
The Supreme Court has ruled that legal responsibility for the sexual abuse of boys at a residential school in East Yorkshire should be shared between a welfare society, which managed the school, and a Catholic brotherhood, which provided teachers...
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Human rights law has no significant impact on test for unfair dismissal
The Court of Appeal has ruled that an employee dismissed for issuing irregular and invalid train tickets for personal gain could not invoke human rights law in support of her claim for unfair dismissal. The Court also ruled that the well-established..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Kennedys responds to draft pre-action protocols
Kennedys Law has responded to the draft pre-action protocols for low value personal injury claims in road traffic accidents and employers’ liability and public liability claims. Whilst confirming that it shares the Government’s..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Shipowners’ P& I Club assigned A- ratings
The Shipowners’ Protection & Indemnity Club has been assigned ratings by both Standard & Poor’s Ratings Services (S&P) and A.M.Best. S&P has assigned the Club its ‘A-’ long-term counterparty credit and insurer..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
£215,000 out of court settlement for mesothelioma
The family of a man who died from mesothelioma caused as a result of his exposure to asbestos has received £215,000 in an out of court settlement. He worked as a mechanical engineering apprenticeship at a vehicle manufacturing company, where he..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
£28,000 in compensation for prison attack
A prison officer who was attacked by an inmate who had been transferred from HMP Broadmoor because of bad behaviour has received more than £28,000 in compensation after it was revealed prison staff hadn’t been warned about the..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Union warning over RIDDOR changes
Plans to simplify regulations for reporting injuries, diseases and dangerous occurrences must not be used as a vehicle to cut back on this vital reporting, union Prospect has warned. This is despite the fact that work-related diseases give rise to..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
£30,000 settlement for hand crush injuries
A man who suffered permanent crush injuries to his right hand in an accident at work has received £30,000 in an out of court settlement. He was working a nightshift as a groundworker in extremely poor light when he was asked by his site manager..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
The Whiplash Report 2012 – Myth or Fact
By The Association of Personal Injury Lawyers (APIL) Britons have the weakest necks in Europe - Myth or fact? Road congestion: According to the World Bank, the UK has 79% more vehicles per kilometre of road compared to the European Union average...
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
£18,000 in compensation for chronic pain syndrome
A medical assistant who was injured twice moving heavy trays of equipment while working for the NHS has received £18,000 in compensation after her injuries meant she had to give up her job. She was left with chronic pain syndrome in her neck,..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
£70,000 out of court settlement for foot crush injury
A man who suffered 27 individual fractures to his toes when his right foot was crushed in an accident at work has received £70,000 in an out of court settlement. He had to undergo a toe amputation as a result of his injuries, also suffered..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Austerity fears affecting the health of UK workers, says TUC survey
The harsh economic climate, austerity-related job cuts and job loss fears amongst those still in work is having a real impact on the health and well-being of workers, according to a TUC safety survey. The top safety concerns cited this year by union..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Court rules that coke work exposure can cause lung cancer
A judgment handed down at the High Court has ruled that working at the former Phurnacite plant at Abercwmboi, South Wales, can cause diseases of the lung, including lung cancer. The ruling was made following a six week trial that began in Cardiff in..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Government proposals on fixed recoverable costs
The Parliamentary Under-Secretary of State for Justice, Helen Grant MP, has written to stakeholders inviting comments on the proposed level of fixed recoverable costs (FRC) that will apply to an extended Road Traffic Accident (RTA) Personal Injury..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Over £23 million for RTA serious brain injury
A man who suffered a serious brain injury when a young driver ploughed into him has received a package worth over £23 million to fund his ongoing rehabilitation and care, believed to be the highest ever agreed. The injured man was just 16 when..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Health and Safety Executive statistics on mesothelioma
The latest national figures from the Health and Safety Executive (HSE) revealed that 2,347 people died of the fatal asbestos-related cancer mesothelioma in 2010, up from 2,334 for the previous year. They also found more people are being diagnosed..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
£35,000 out of court settlement leg injury
A man who was left with one leg shorter than the other after being struck by a car as a teenager, has received £35,000 in an out of court settlement. According to his lawyer, from Fentons Solicitors, the case took nearly six years to conclude..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
£10,000 in compensation for occupational dermatitis
A man who developed dermatitis from being exposed to irritants at work has received £10,000 in compensation. During his job he spent most of his time working on a press which was known for leaking oil into the press bed. His role involved..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
£160,000 out of court settlement for fall injury
A woman who had to give up her nursing career overseas when she broke her collarbone in a fall on a wet floor has received £160,000 in an out of court settlement. Despite numerous operations since the incident occurred, the woman’s..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Stress related to work and breakdown of employee’s marriage
Where, in a case of psychiatric injury to an employee caused by stress related to work, the evidence showed a breakdown in the employee’s marriage at the same time or shortly after the employer’s breach of duty, a judge should carry out..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Government urged over national audit of asbestos in UK schools
The JUAC (Joint Union Asbestos Committee), a co-ordinating group of the teaching and school support staff trade unions, has called on the Westminster Government to follow the lead of the Welsh Government and order a National Audit of the Asbestos in..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
£2.43 million settlement for stroke caused by whiplash
A businessman who suffered a life-changing stroke caused by whiplash after another vehicle went into the back of his car has been awarded a £2.43 million settlement to fund care and rehabilitation services for the rest of his life as well as..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
DUAL forms specialty liability business division
Underwriting agency DUAL has formed a new division to underwrite specialty liability business. The division will be led by John Murphy, as Managing Director. Prior to his ten years at Brit, Murphy was Active Underwriter at Syndicates 1156 and 2525..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Aegis London launches errors and omissions team
Energy-focused Lloyd’s syndicate Aegis London has recruited a small errors and omissions team from Omega to add to a growing casualty book, according to Insurance Day. Nick Leighton will take up the role of class underwriter for E&O at the..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
CIPD’s reservations over “settlement agreements” proposals
The Chartered Institute of Personnel and Development (CIPD) has voiced reservations about proposals to introduce “settlement agreements,” designed to make it easier for employers to dismiss underperforming employees without fear of..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Equal pay claim judgment extends time limit
In what law firm Leigh Day & Co is calling a “historic decision,” Birmingham City Council has been unsuccessful in arguing that equal pay claims made by hundreds of women should be thrown out on legal grounds. The judgment..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Vicarious liability and physical abuse
A lay Catholic teaching order whose brother members were assigned by it to teach at various schools was jointly vicariously liable with the school management body for acts of physical and sexual abuse committed by the brothers while employed by the..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Faculty of Occupational Medicine on Government’s RIDDOR proposals
The Faculty of Occupational Medicine has responded to the HSE consultation: “Proposals to Revise the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR),” with a focus on the proposed changes to the..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012
Over £145,000 in compensation for mesothelioma
A man who has been diagnosed with mesothelioma has received just over £145,000 in compensation. He worked as a metallurgist which required him to attend power stations under construction where he worked in the close vicinity of asbestos pipe..
Online Published Date:  14 December 2012
Appeared in issue:  268 - 14 December 2012

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