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Mediation centre for Lloyd’s
The new Claims Mediation Centre could save Lloyd’s £millions in legal costs of inter-insurer dispute resolution each year. Situated within the building, it provides direct, on the spot, access to an independent source for dispute..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Loss from workplace violence
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Hiscox buys book
Hiscox Insurance has agreed terms with XL London Market to purchase their Denham Direct book of professional liability insurance.
Separately, the capacity of Lloyd’s syndicate 33 (65% owned by Hiscox) has been boosted to £847mn for the..
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01 December 2002
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149 - 01 December 2002
Rehab included as standard
AIG Europe will introduce medical and vocational rehabilitation services into its standard Combined Liability product, at no additional cost. This is believed to be the first such move in the UK and follows the success of a “pilot”..
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01 December 2002
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149 - 01 December 2002
Guide for Italian overcharging claims
The Italian consumer organisation ADUSBEF has produced a legal guide for individuals wishing to claim against local insurers for overcharging on statutory third-party motor insurance. 19 insurers including Generali, RAS and SAI were found to have..
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01 December 2002
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149 - 01 December 2002
Milan crash claims
Hearings have commenced on the injury and death claims arising from the October 2001 crash of Scandinavian Airlines MD-87 on take-off from Milan’s Linate airport. 118 died leading to around 300 separate civil suits, damages sought averaging..
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01 December 2002
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149 - 01 December 2002
Airline insurance available
Several leading airlines including British Airways, KLM and Virgin Atlantic have succeeded in arranging adequate commercial insurance cover for third-party war and terrorism risk. Led by London-based American International Group with 25% share,..
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01 December 2002
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149 - 01 December 2002
Adelphia sues auditors: Rigas’ keep D&O cover
Adelphia Communications, having been forced to file for bankruptcy, has issued legal proceedings against its former auditors, Deloitte & Touche, for failing to prevent its founding Rigas family from using the company as their “personal..
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01 December 2002
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149 - 01 December 2002
Brokerage pays investors
In one of the largest awards against a broker brought by individual shareholders, an Ohio jury has ordered Prudential Securities to pay compensation of US$11.7mn and US$250mn in punitive damages. The claimant investors argued that the company had..
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01 December 2002
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149 - 01 December 2002
Germans not “recommending” exclusions
A somewhat ambiguous position has arisen in the German insurance industry on asbestos exclusions. Most already exclude US risks and an internal document issued by the German insurers’ association GDV is alleged to include comment of..
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01 December 2002
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149 - 01 December 2002
Selection of embroiled companies
More and more companies are embroiled in fast-developing asbestos litigation. A few highlights follow:
Chubb,
a leading US business insurer, has reported a third quarter net loss of US$242mn linked to the addition of US$625mn to reserves. This..
Online Published Date:
01 December 2002
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149 - 01 December 2002
Awards & settlements
Allegedly poor teaching
leading to low grade in Latin A-level with potential damage to later career prospects leads to settlement of around £10,000 (£150,000 sought). Her poor results, and those of three others, were blamed on an..
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01 December 2002
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149 - 01 December 2002
Slip and Trip courses (see Health & Safety)
..
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01 December 2002
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149 - 01 December 2002
Keeping assets on ice north of the border
An interesting note from CMS Cameron McKenna starts: “Are you suing a defendant for damages? Does the defendant have assets in Scotland? Are you concerned that if you win your case you might not get paid? Would you like to freeze those assets..
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01 December 2002
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149 - 01 December 2002
Fines to be paid from shareholder funds
The Financial Services Authority (FSA) has issued a ruling requiring that any fines imposed on UK life assurers, from 1 November 2002, be paid from shareholder capital rather than policyholders’ funds.
Details in consultation paper 137..
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01 December 2002
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149 - 01 December 2002
“Belief” discrimination consultation
A Consultation Paper focuses on plans to make discrimination on grounds of “belief ” illegal from December 2003 is currently running. This is part of an anti-discrimination package implementing European laws.
While the planned rules will..
Online Published Date:
01 December 2002
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149 - 01 December 2002
Boost for structured settlements
The Structured Settlement Working Party, set up by Master of the Rolls Lord Phillips, has been considering benefits to the victim from greater use of periodic payments of compensation. They recommend that in a case involving a child a court should..
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01 December 2002
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149 - 01 December 2002
CEDR to take on CA role
The Centre for Effective Dispute Resolution (CEDR) is to take on the administration of the Court of Appeal’s alternative dispute resolution scheme. Under the scheme the CA can refuse to list a case until the parties have responded to an..
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01 December 2002
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149 - 01 December 2002
More success fee decisions
Small scale, but that is the nature of the controversy, quantity more significant than individual monetary level, are two more decisions on success fees.
The October 2002 issue of the APIL newsletter reports the decision of District Judge Harrison..
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01 December 2002
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149 - 01 December 2002
Conditional fees intended to allow access to justice
As the battle for clarification of this form of funding rages, defendants have taken a small knock-back. In Worth v McKenna
the defendant argued that it was necessary for them to see the conditional fee agreement (CFA) during cost assessment to..
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01 December 2002
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149 - 01 December 2002
FSA relaxes PI rules
Following review, responding to concerns of independent financial advisers (IFAs), the Financial Services Authority (FSA) has relaxed certain rules on professional indemnity insurance. IFAs were experiencing difficulties in obtaining professional..
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01 December 2002
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149 - 01 December 2002
Motor liability insurance delay in Russia
Despite statutory enactment for the introduction of compulsory motorists’ liability insurance from 1 July 2003, there could be a delay. The budget-in-preparation allocates no funds for the insurance of state-owned vehicles, an essential part..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Irish motor still in loss
Stats from the Irish Insurance Federation Factfile show that although motor premiums rose by 18% last year the sector still recorded a loss of €17mn in 2001. Although better that the results of the previous year the Irish insurance industry..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Handling MIB claims
“A Practical Guide to Handling Motor Insurers’ Bureau Claims” is just that, an invaluable book for the hands-on practitioner in this field.
Written by practitioners Nick Jervis and Judy Dawson, published by Cavendish Publishing at..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Cyclist’s lack of helmet not negligent
A second attempt by an insurer to shift road accident blame away from the car dr iver and onto the cyclist has backfired. Last year Provident Insurance threatened a negligence action against the parents of nine-year-old Darren Coombs who was hit by..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
New whiplash facility at Thatcham
The Motor Insurance Repair Research Centre (“Thatcham”) is now running a new £1mn Hyper G Reverse Acceleration Sled for dynamic testing leading to improved motor vehicle seat and restraint design. Unique in Europe, it will advance..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Coaches roll
More than ten years ago I was made very aware of the need for passenger seat-belts in coaches. A party of American tourists left a road I frequently used near Canterbury, mounted an embankment and rolled over. Many of the passengers were killed and..
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01 December 2002
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149 - 01 December 2002
Slug eats lettuce
SFI Group, pub operators and owners of the Slug and Lettuce chain, have revealed an accounting gap in excess of £20mn following suspension of share trading “pending clarification of financial position”. It appears to stem from..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Two-edged sword
Rejection of a call for an immediate widening of investigations into the regulation of Equitable Life, by the Parliamentary Ombudsman, is tempered by urging of all seven action groups to work together in seeking government compensation of up to..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Equitable rocks the Ombudsman’s boat, and more
Going against normal practice, Equitable Life has decided not to follow a £500,000 compensation recommendation, in respect of poor salesforce advice, made by the Financial Ombudsman. Equitable is applying current rules which make any..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Ernst withdraws delay application
Ernst & Young have withdrawn their application to the Court of Appeal to delay investigation of its audit work until after the suit filed against it by Equitable Life is concluded. The Accountants Joint Disciplinary Scheme will now proceed to..
Online Published Date:
01 December 2002
Appeared in issue:
149 - 01 December 2002
Endowment settlement
Despite his claim being rejected by the Financial Ombudsman Service the holder of a mortgage, who had been assured it would produce enough to pay off his mortgage, has received an undisclosed settlement. Although it was managed by Scottish Widows,..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Accountants’ woes
The Office of Fair Trading has decided against recommending an investigation into the UK accountancy and audit profession, noting that it is already subject to other reviews. It will keep the market under review.
The Institute of Chartered..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
MoD to pay pensions to unmarried dependents
Following the campaigning in the Homsi
claim and others, the Ministry of Defence (MoD) has agreed to pay pensions to the unmarried dependents and their children where Armed Forces personnel are killed in the course of their service. Introduction..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
ABI study on workplace compensation
A study, sponsored by the Association of British Insurers (ABI) by Greenstreet Berman (GB) places UK workplace compensation in 2001 at £6.5bn of which slightly over £1bn was borne by the insurance industry. Payments have risen by 20% a..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Draft regulations on equal treatment
..
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01 December 2002
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149 - 01 December 2002
Background checks for workers with the vulnerable
Due to the ongoing problems of the Criminal Records Bureau background checks on agency nurses and care home staff have been postponed for 21 months. A joint enterprise between private firm Capita and the Home Office, a 100,000 backlog delayed the..
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01 December 2002
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149 - 01 December 2002
Employers feel vulnerable to stress
A 5,000-employer survey conducted by Work Stress Management shows that 80% of employers see themselves as vulnerable to claims for workplace stress. Few seem aware of the Court of Appeal guidance on stress-related claims made, along with the..
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01 December 2002
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149 - 01 December 2002
Football “heading” leads to industrial disease
The finding of South Staffordshire Coroner Andrew Haigh, that former England footballer Jeff Astle died from dementia brought on by his (famous) repeated heading of heavy (and even heavier when wet) leather football in the 1960s. This the first..
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01 December 2002
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149 - 01 December 2002
Control of asbestos at work regulations 2002
The Control of Asbestos at Work Regulations 2002 have now been approved, some coming into force immediately in November 2002. However, Regulation 4 (duty to manage) and Regulation 20 (standards for analysis) will not come into force for a further 18..
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01 December 2002
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149 - 01 December 2002
New transport measures
A new and independent investigation board is to be set up to cover rail accidents, modelled on similar air and maritime bodies and taking over work currently done by the Health and Safety Executive, as recommended by the Cullen inquiry. The board..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
UK safety fines rising
The latest report from the Health & Safety Executive (HSE) shows that 84% of over 1,000 offences brought to court resulted in conviction and fines. The average level in the year to March 2002 increased by 39% to £12,194. This shows..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Fire-strike impact
As the second period of fire-fighter strike runs (with firemen abandoning their action to assist where lives are at risk) peripheral questions abound.
Local authorities could face claims from insurers, according to some legal experts, for any..
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01 December 2002
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149 - 01 December 2002
Passenger compensation proposals
At lower levels than proposed by the European Commission, the European Parliament has passed a bill requiring airlines to pay higher compensation for passengers stranded by cancellations or over-booking of flights. Cancellation on short haul is..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Traffic control fails to boost cover
The UK’s air traffic control service now has only US$1.5bn cover. Attempts to obtain an additional US$0.5bn, to bring protection nearer to the former US$2.5bn programme which lapsed in July, the cost has proved prohibitive – four times..
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01 December 2002
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149 - 01 December 2002
Shoddy building, again?
Yet another natural-event catastrophe is believed to be linked to shoddy construction of a public building. In this case the total collapse of a school in southern Italy when the village was hit by an earthquake on 31 October, killing 26 children..
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01 December 2002
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149 - 01 December 2002
Seveso two upgrade
The European Union environment ministers have agreed amendments to the Seveso Two directive which imposes duties on those operating industrial plants to protect and prepare for accidents. The proposed revisions stem from the 2001 explosion at the..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Senate approves terror programme
Following House approval, the Senate has voted in favour of legislation requiring the government to cover the bulk of financial losses related to terrorist attack. A new insurance programme will make up to US$100bn available annually over the next..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Stress estimates
Speaking at the recent AIDA conference, US lawyer Hugh O’Boyle estimated that workers compensation insurers are likely to face up to 3,000 stress claims arising from 11 September. About 1,000 have been filed to date, but many occurrences are..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
More crystal ball gazing
Calculations by the Federal Reserve Bank of New York suggest the loss suffered by New York City stands between US$33bn and US$36bn, lower than earlier calculations, the highest of which was that of the NY City Comptroller’s Office at US$95bn...
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01 December 2002
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149 - 01 December 2002
Securicor could face liability
Securicor shares tumble as it emerged that its US subsidiary, Argenbright, could face potential unlimited liability for non-New York events of 11 September. Argenbright provided security screening services for both Newark and Dulles airports where..
Online Published Date:
01 December 2002
Appeared in issue:
149 - 01 December 2002
Cost-of-risk online
RIMS, the Risk & Insurance Management Society, is providing an online facility by which risk managers can compare their own organization’s cost of risk with that of similar organizations. RIMS has produced a paper-based survey since 1979..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Punitive damages against Ford upheld
The California Supreme Court will not review the punitive damages award of US$290mn against Ford Motor Co. This in relation to a 1993 roll-over of a 1978 Ford Bronco killing three members of the Romo family and injuring three others.
The original..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Uncertainty on lead nuisance
The suit filed by the state of Rhode Island against paint manufacturers has been declared a mistrial. This after the jury failed to agree whether or not lead paint could be considered a public nuisance.
This was the first suit filed by a state,..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Gun-seller to compensate
A Florida jury has awarded US$1.2mn compensation to the widow of a teacher, Barry Grunow, shot by a pupil using a pistol without a safety lock. Although the vendor was held only 5% liable this is the first such verdict has been made against a..
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01 December 2002
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149 - 01 December 2002
Tyco pays, still criticised
In accepting Tyco’s payment of US$5mn, after the commencement of a security investigation, the New Hampshire regulator has reiterated criticism of the company for “failing to adequately exercise its fiduciary responsibilities” to..
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01 December 2002
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149 - 01 December 2002
Securities industry could face US$2bn for “advice”
The Wall Street Journal reports that regulators and analysts believe that the results of conflicting interests in Wall Street research could cost the securities industry up to US$2bn. Payments to investors alone are expected to exceed US$1bn in..
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01 December 2002
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149 - 01 December 2002
Latest best report on A&E
The AM Best Co report, “Largest Increase in A&E Losses to Date Seen in 2001” forecasts a cost to the property/casualty industry of more than US$121bn in asbestos and environmental (A&E) claims. Of these, asbestos accounting for..
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01 December 2002
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149 - 01 December 2002
Presence of asbestos not physical loss
The 3rd circuit federal appeals court has upheld a lower court ruling denying US$600mn property insurance coverage to the Port Authority of New York and New Jersey in asbestos abatement costs. In a wrangle that started ten years ago, one third of..
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01 December 2002
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149 - 01 December 2002
Settled dust evidence rejected
The US Bankruptcy Court has rejected expert testimony put forward by claimants, based on samples of settled dust, accepting the defence view that this inflates the level of asbestos contamination and arguing that air samples give a truer..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Smaller businesses in UK without plan
A survey by Zurich Risk Services (ZRS) shows that three-quarters of the UK’s smaller businesses have no risk management plans for dealing with asbestos. A high proportion of their premises were built in the 1920s and 1930s when asbestos was in..
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01 December 2002
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149 - 01 December 2002
Sole defendant “potentially” liable
The only defendant remaining in the West Virginia trial, Union Carbide, has been found by the jury as “potentially” liable for the personal injury of 2,000 claimants exposed to the company’s products between 1964 and 1972, and..
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01 December 2002
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149 - 01 December 2002
Fitch says insurers will need to tap equity markets
Credit rating agency Fitch Ratings believes that US non-life insurers will have to tap the equity markets within the next few months to make provisions of US$5bn or more for rising asbestos claims. With a number of insurers announcing charges, Fitch..
Online Published Date:
01 December 2002
Appeared in issue:
149 - 01 December 2002
BSE, CJD and OPs
24 patients at risk
through non-application of guidelines on use of surgical instruments. When a patient who had undergone operation at Middlesbrough General Hospital became a sporadic CJD suspect the instruments should have been put into immediate..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Obesity suit against McDonald’s
In the first case to reach court, eight young people have filed in Manhattan alleging that McDonald’s is partly responsible for their obesity and associated problems. The claims include allegations of attempts to trick people into thinking the..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Popcorn risk
Despite the imminent release of two lengthy films (Hobbits, and Hogwarts – well, we have to go and see them with the children) we should perhaps consider the extent of popcorn consumption.
The New England Journal of Medicine, Vol 347:220-228..
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01 December 2002
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149 - 01 December 2002
Couples’ “dignity” will avoid financial claim
A statement in the High Court by the judge, Dame Elizabeth Butler-Sloss, on the IVF mix-up which led to the birth of mixed race twins to a white couple, she paid tribute to the “dignity and fortitude” of both couples involved. That would..
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01 December 2002
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149 - 01 December 2002
Vicarious liability
This claim relied on Lister v Hesley Hall Ltd
and, in the outcome, clarified the principles required for such reliance.
In the case at issue, following a violent fracas at a club involving the defendant (the owner) and the claimant, the club..
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01 December 2002
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149 - 01 December 2002
Proof of negligence crucial
A claim for diminution of life expectancy, occasioned by a failure to diagnose, could only succeed where it was shown as a matter of probability that the loss was caused by the defendant’s negligence. Damages in a clinical negligence case..
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01 December 2002
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149 - 01 December 2002
Pre-school duty of care
Appeal against award for injury sustained in school playground dismissed. The initial claim was for eye injury from a full-size leather football, thrown in a playground before school opened. Held on appeal that a school could owe pupils a duty of..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Damage by tree roots
The exercise of lawful control, absent ownership, over trees was sufficient to make a defendant capable of liability in nuisance to a claimant. Nor was it excluded by a potential liability of a highway authority.
L.E.Jones (Insurance Brokers) Ltd v..
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01 December 2002
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149 - 01 December 2002
ADR and arbitration
A ruling, adjourning a hearing so that ADR (alternative dispute resolution) could take place, has strengthened such contract clauses. Contrary to previous rulings, Mr Justice Colman likened an agreement to use ADR to an agreement to arbitrate (this..
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01 December 2002
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149 - 01 December 2002
Lack of qualification crucial
The quality of work was not at issue, only the fact that a solicitors’ firm used a struck-off solicitor, presenting him as suitably qualified, for a client’s work. An award of reimbursement of £23,911 fees to the client was..
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01 December 2002
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149 - 01 December 2002
Directors’ duty of honesty
Overturning the decision of the Court of Appeal allowing a director to differentiate between making a false statement in his personal, or business, capacity the House of Lords has confirmed that a director cannot escape personal liability for..
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01 December 2002
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149 - 01 December 2002
Shareholder’s action not precluded by company compromise
Where a company had reached compromise with a former shareholder for harm caused by diversion of assets, it was still open to any other individual shareholder to bring an action for loss in value of his shares against the former shareholder.
Giles v..
Online Published Date:
01 December 2002
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149 - 01 December 2002
Victim need not be known before harm done
Where misfeasance in public office was alleged to have resulted in personal injury or death, it was sufficient for the plaintiff to argue that the harm contemplated would either affect a known victim or one that would not be known until after the..
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01 December 2002
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149 - 01 December 2002
Convention does not override law in force at date of trial
Another move in the Guinness saga failed, as the House of Lords rejected a move to quash convictions based on self-incrimination. Although the European Court of Human Rights has ruled that admission of evidence at trial of answers given, under..
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01 December 2002
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149 - 01 December 2002
Assessing damages for breach of human rights
Damages assessed against a local authority for breach of the European Convention on Human Rights in failure to respect and individual’s rights to private and family life should not be minimal. They should reflect the policy of the Human Rights..
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01 December 2002
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149 - 01 December 2002
Over-turn of strike-out
Significant delay in the conduct of personal injury litigation was not enough in itself to justify making an order to strike out under the Civil Procedure Rules of 1999 absent considerable risk of impossibility of a fair trial. In the case at issue..
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01 December 2002
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149 - 01 December 2002
Pure funders not liable for costs
Held that a pure funder, without any collateral interest in the outcome of the claim, was not liable for any part of the (successful) other party’s costs. This under section 51 of the Supreme Court Act 1981. To be appealed to the House of..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Cost order in favour of non-party
A court has jurisdiction under section 51 of the Supreme Court Act 1981 and rule 48.2 of the Civil Procedure Rules to make a costs order in favour of a non-party to the litigation. In this case a claimant issued a witness summons against an employee..
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01 December 2002
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149 - 01 December 2002
Costs after acceptance of payment-in
Where a claimant had accepted a payment into court, more advantageous than a Part 36 offer which he had rejected, as settlement, a court had no discretion to award indemnity costs. Further, in absence of hearing to assess the quantum of damages the..
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01 December 2002
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149 - 01 December 2002
Order of security for appeal
A court has powers under rule 52.9 of the Civil Procedure Rules, when it sees compelling reason, to order payment into court or other guarantee for costs ordered at first instance as a condition of appeal.
Bell Electric Ltd v Aweco Appliance Systems..
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01 December 2002
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149 - 01 December 2002
Misconduct attracting penalty must relate to proceedings
Where a successful party was to be deprived of costs the causative conduct must relate to the proceedings themselves.
This in allowing an appeal by the claimant awarded £38,000 damages for seizure and sale of her Range Rover by a finance..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Proportionality in issuing costs warnings
A service station operator, representing herself, claimed unfair dismissal by Shell, represented by Andrew Hochhauser QC, before an employment tribunal. In the course of the hearing and after representations by Mr Hochhauser the chairman of the..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Costs award can reflect disapproval of conduct of case
While the indemnity principle required that costs awarded do not enable a litigant to profit from the action, a costs order was often also intended as a penalty on the losing party reflecting the court’s disapproval of that party’s..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Lawyers’ duty to keep time limits
In a criminal case, which could have wider application, it was ruled that where an appeal against conviction was to be heard it was the duty of the defence, as well as prosecution, to ensure that any court-set timetable was adhered to.
Regina v..
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01 December 2002
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149 - 01 December 2002
Weight of expert witness evidence
In a family case, which could have wider application, it was held that while a judge may disagree with evidence given by an expert witness, this should not be merely on his impression of that witness in court. It is well-established in law that..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Use of expert reports
An expert report, prepared for an interim application, which has been withdrawn as the basis for questions in the course of the trial, cannot be used by another party if it not to be relied upon at full trial.
Re MMR and MR Vaccine Litigation (No 4)..
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01 December 2002
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149 - 01 December 2002
Risk assessment and sex discrimination
A tribunal was wrong to dismiss a woman’s claim of sex discrimination, in that her employer had failed to carry out a risk assessment when she was pregnant, on grounds that no risk assessments had been carried out for others, irrespective of..
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01 December 2002
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149 - 01 December 2002
Sexual orientation no reason for bias
In the evolving jurisprudence of European law, a surviving homosexual partner could succeed the tenancy of his late partner to become a protected statutory tenant as “surviving spouse”. Sexual orientation was an impermissible ground for..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Discrimination against transsexual
A sex-changed male-to-female was female for the purpose of employment under European law. Refusal of a Chief Constable to allow the claimant to serve as a woman police constable, on grounds that she could not carry out searches on female suspects,..
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01 December 2002
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149 - 01 December 2002
Employee’s duty to mitigate
The Court of Appeal has set out principles of a dismissed employee’s duty to mitigate his loss where offered re-employment. These include:
a duty to act reasonably unaffected by any prospect of compensation.
the onus lies on the former..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Divorce ruling could impinge more widely
The Court of Appeal, in a “big money” divorce wrangle, has held that the wife is entitled to half of the joint fortune of £20mn built up during their 23 years of marriage. Shan Lambert, gave up her own business to look after home..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Burrell unlikely to seek damages
Despite more than a year of misery and uncertainty, it is unlikely that former royal butler Paul Burrell will seek damages. Not only would such action seem out of character but it is media gossip that he has been offered “millions” for..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
Fertility chief may sue?
Sir William Stubbs is not the only representative of the great and the good to take action following dismissal. Dr Maureen Dalziel, chief executive of the Human Fertilisation and Embryology Authority (HFEA), dismissed after a vote of no confidence..
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01 December 2002
Appeared in issue:
149 - 01 December 2002
“A-level” chairman claims wrongful dismissal
Sir William Stubbs, former chairman of the Qualifications and Curriculum Authority entangled in the recent A-level examination fiasco, to issue a writ against the Government alleging unfair and wrongful dismissal. Seeking public apology and expected..
Online Published Date:
01 December 2002
Appeared in issue:
149 - 01 December 2002
A-levels still seethe
The new chief of the Qualifications and Curriculum Authority, Ken Boston, has drawn up rules to prevent the heads of examination boards from changing grades awarded by their examiners. Any change would be by way of report with reasons, and..
Online Published Date:
01 December 2002
Appeared in issue:
149 - 01 December 2002
DVT case: start-stop-start
Claims by a group of 56 passengers against 28 international airlines commenced early in November was stopped when Mr Justice Nelson remembered he held shares in British Airways, and restarted after their sale and agreement of all parties that he..
Online Published Date:
01 December 2002
Appeared in issue:
149 - 01 December 2002
OFGEM “empowers” claimants
Energy regulator OFGEM has recommended rejection of excuses of bad weather from suppliers who left many customers without power, some for more than a week.
One supplier, East Anglian 24seven, has offered £100 to those without power for four or..
Online Published Date:
01 December 2002
Appeared in issue:
149 - 01 December 2002
“Another fine mess…”
A single-day meeting last July of the Treasury select committee has expanded to encompass a range of industry participants in split capital trusts, with the regulator’s role also at question. Marketed as low-risk and at its height worth..
Online Published Date:
01 December 2002
Appeared in issue:
149 - 01 December 2002
What price Prestige?
The 26-year-old single-hull oil tanker Prestige
has split in two and sunk in deep waters 145 miles off the coast of Spain with the loss of most of 77,000 tonnes of high-sulphur fuel oil and widespread pollution of coastal and fishing areas off the..
Online Published Date:
01 December 2002
Appeared in issue:
149 - 01 December 2002