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And Howden UK launches Howden Medical Insurance Services
Lloyd's broker, Howden UK, has formed a wholesale medical professional indemnity division. The business will operate under the name of Howden Medical Insurance Services (HMIS).
Executive director of HMIS, Lance Rigby, said: “We have entered a..
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01 June 2004
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166 - 01 June 2004
Third party cover for 2004 Olympic Games
The organizing committee of the 2004 Olympic Games in Athens is reported to have bought a €200mn insurance programme to cover third-party liability risks. The coverage is written by Agrotiki Insurance and is reinsured at Lloyd’s and in..
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01 June 2004
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166 - 01 June 2004
Heath Lambert appointment
Heath Lambert Group has appointed Ian McMullan as Director of Heath Lambert Financial & Professional Risks.
He was previously a director with Aon, where he specialised in large UK retail professional indemnity business in the design and..
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01 June 2004
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Airline claims fall in first quarter
The first quarter of 2004 has seen the overall value of claims for the airline industry continue to drop over last year (which itself showed the lowest level of losses in history), according to Aon.
The total amount for hull and liability claims was..
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01 June 2004
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Environmental insurance sees rapid growth
After more than a decade of rapid growth, environmental insurance remains one of the fastest growing areas of risk management and the need for it touches on an increasingly wide range of activities. This is according to the Willis Commentary on..
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01 June 2004
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St Paul Travelers in asbestos settlement
US insurer St Paul Travelers has reached a US$90m deal to settle common law asbestos-related lawsuits filed against its Travelers Property Casualty subsidiary. The settlement comprises US$70m to cover actual claims and US$20m for legal fees. Under..
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01 June 2004
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Withdrawal of claim and costs orders
In an employment tribunal, when a claimant withdrew his claim and the tribunal was minded to make a costs order against him, the critical question was whether, in all the circumstances, it had conducted the proceedings unreasonably and not whether..
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01 June 2004
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CNA Financial faces employee class action
CNA Financial has been named in a class action filed on behalf of employees who allege that the company discriminated against them on account of their age and denied them benefits. The complaint says that CNA defrauded 400 employees of their..
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01 June 2004
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Dangers of being a musician
A recent medical study has focused on occupational diseases and risks faced by professional musicians and has come up with some interesting disorders (though perhaps “interesting” is not the term that the affected musician would..
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01 June 2004
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Comment
The warnings given in relation to a product are just one of the factors courts will take into account when assessing the defectiveness or otherwise of a product under the Product Liability Directive. The Directive lays down certain circumstances to..
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01 June 2004
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Case details
The case was brought by a Danish patient, Flemming Jay, and his travel companion who were prescribed Lariam on 2 December 1998 for a vacation to Thailand. Both took two pills and Mr Jay became very ill, suffering from psychiatric episodes, including..
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01 June 2004
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Pharmaceutical giant held liable under the Product Liability Directive for the first time
By Chris Hodges, Commercial Partner, CMS Cameron McKenna
On 9 February 2004, a Danish Court ruled that the producer of Lariam must pay damages to a consumer who suffered psychiatric side effects after taking Lariam to prevent Malaria when visiting..
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01 June 2004
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Personal Injury Assessment Board for Ireland
Ireland’s Personal Injury Assessment Board (PIAB) was launched last month. The PIAB is to act as an independent assessor in public, motor and workplace liability claims. By avoiding compensation cases and legal fees, it is hoped that the board..
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01 June 2004
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New court fees proposed
The Court Service has issued a consultation paper proposing increases to court fees. The objective of the proposed increases to court fees, according to Davies Lavery, is partly to reflect increases in cost, partly to improve the overall level of..
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01 June 2004
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APIL attacks periodical payments
The Association of Personal Injury Lawyers (APIL) has warned that periodical payments - the method by which many injured people will soon receive their compensation instead of a lump sum – may leave victims short-changed and with insufficient..
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01 June 2004
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BIBA members see soft market
The annual survey of members by the British Insurance Brokers’ Association (BIBA) has revealed that over 50% of insurance brokers in the UK believe that premium levels are softening and one in five expect a fall in rates over the next 12..
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01 June 2004
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Howden launches Howden UK
Broker Howden has announced the launch of Howden UK, a new division dedicated to providing UK brokers with specialist D&O and PI products from exclusive facilities. Howden UK plans to achieve £75 million of premium by 2007. Howden UK has..
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01 June 2004
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166 - 01 June 2004
Small businesses call for more renewal notice
The Federation of Small Businesses (FSB) has published a new report which has found that small businesses are given precious little time to renew their employers’ liability cover, despite industry guidelines that insurers provide policyholders..
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01 June 2004
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Litigation warning for European directors
Directors and officers of UK and European companies face an increasing personal risk of litigation or regulatory action, according to international law firm Fried, Frank, Harris, Shriver & Jacobson.
Fried Frank believes most directors and..
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01 June 2004
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Cut legal aid for directors says Bar Council
The Bar Council is reported to have proposed that legal aid be scrapped for company directors and officers prosecuted for serious fraud offences, to be replaced by mandatory corporate legal expenses insurance to cover defence costs. The council..
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01 June 2004
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Proposed Operating and Financial Review for companies
The UK Government is planning to compel companies to publish an annual review of factors affecting their performance, alongside their annual report and accounts. The proposed Operating & Financial Review will require directors of all quoted..
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01 June 2004
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166 - 01 June 2004
HSE warns bakers over asthma
The HSE has warned that bakers are one of the most vulnerable asthma groups, as flour and grain is the second biggest cause of occupational asthma. Some 65,000 baking industry workers are potentially at risk from flour dust.
The HSE says that all..
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01 June 2004
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166 - 01 June 2004
Pregnant workers exposed to danger
A survey by trade union Usdaw has found that more than two-thirds of pregnant workers are exposed to danger in the workplace because employers ignore a legal duty to carry out risk assessments.
Fewer than three in 10 pregnant women are given a risk..
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01 June 2004
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Consultation on race equality code of practice
The Commission For Racial Equality has called on employers across Britain to take part in a consultation on its revised code of practice in employment. The three-month public consultation has been launched to gain feedback on the updated code which..
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01 June 2004
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CRE in new protocol for Wales
The Commission for Racial Equality has signed up to a new protocol on race discrimination cases with Wales TUC. The protocol covers the responsibilities of the CRE and trade unions in Wales in assisting people with complaints of race discrimination..
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01 June 2004
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H&S professionals fail to manage stress
A survey by Croner has found that nearly eight in 10 employers could be contributing to ‘Burn-out Britain’ by failing to manage the main factors identified by the HSE known to cause stress at work.
Seventy-nine percent of health and..
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01 June 2004
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Stress consultation by HSC
The Health & Safety Commission (HSC) has launched a three-month consultation campaign asking managers and employers for their views on proposals to reduce work-related stress.
The HSC says that the proposals are based around a set of Management..
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01 June 2004
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Stressed lecturers seek counselling
Universities and colleges must do more to protect staff from the causes of work related stress, says NATFHE-The University & College Lecturers’ Union.
This was in response to a report by the British Association for Counselling and..
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01 June 2004
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166 - 01 June 2004
Irish call for better enforcement of workplace safety
The annual general meeting of the Irish Insurance Federation (IIF) has heard that workplace safety legislation needs to be properly enforced in order to reduce the costs of liability insurance in Ireland.
Paul Donaldson, the recently appointed..
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01 June 2004
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NAO tells construction sector to improve health and safety
The National Audit Office says that the construction industry and government organisations influencing the procurement of construction work could do more to improve the health and safety of construction workers. The HSE as regulator also has a role..
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01 June 2004
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New limits on compensation
The government has announced increased limits on compensation for claims arising from shipping incidents. The limits on compensation will increase six-fold for the smallest ships (300-500 gross tonnes) and by an average of some 250% for other..
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01 June 2004
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166 - 01 June 2004
Scientific report into mould and health issues
A new report from the Institute of Medicine of the National Academies in the US has revealed that scientific evidence links mould and other factors related to damp conditions in homes and buildings to asthma symptoms in some people with the chronic..
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01 June 2004
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NYC facing WTC illness lawsuits
New York City is facing lawsuits from more than 1700 policemen and firefighters who say that they became ill after being involved in work related to the destruction of the World Trade Center and the disposal of wreckage at the Fresh Kills..
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01 June 2004
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166 - 01 June 2004
Lower estimate of September 11 losses
The Insurance Information Institute (III) has lowered its estimate of insurance losses related to the terrorist attacks of September 11 by around 25%, from US$40.2bb to US$30bn-US$35bn. The III said that the lower estimate was the result of there..
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01 June 2004
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166 - 01 June 2004
Europe urged to “take on obesity”
The European Commission has called on Europe to “take on obesity”. Health & Consumer Protection Commissioner David Byrne warned that “obesity may be to the 21st century what smoking was to the 20th century”.
The..
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01 June 2004
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Class action securities lawsuits report
Settlement amounts are higher in class action securities fraud lawsuits where institutional investors serve as the lead plaintiff, according to a new study by Cornerstone Research titled, “Post-Reform Act Securities Lawsuits: Settlements..
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01 June 2004
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Majority of UK businesses not compliant with asbestos regs
Despite the risks of criminal proceedings involving fines and possible imprisonment, over 717,000 (around 58% of UK businesses) have failed to carry out an asbestos assessment on their business premises, according to independent research..
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01 June 2004
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166 - 01 June 2004
Duty to manage asbestos into force
Protection for building and maintenance workers from the fatal diseases caused by asbestos has been enhanced with the coming into the force of the new duty to manage, says the government. The Control of Asbestos at Work Regulations 2002, came into..
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01 June 2004
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Second-hand smoke in the workplace
Exposure to second-hand smoke is a major workplace killer – this is according to Professor Konrad Jamrozik of Imperial College in London, speaking at a conference of the Royal College of Physicians, entitled “Environmental Tobacco Smoke..
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01 June 2004
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vCJD report needs further investigation
A report in New Scientist magazine says that nearly 4000 Britons aged between 10 and 30 may be harbouring the prion proteins that cause the human form of mad cow disease.
According to the magazine, the new estimate “comes from direct analyses..
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01 June 2004
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Safety matches – not so safe
You shouldn’t laugh but…the US Consumer Product Safety Commission has announced the voluntary recall of certain units of Martha Stewart Everyday Safety Matches in the US. The reason for the recall? “These matches may ignite upon..
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01 June 2004
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EU enlargement may increase product liability risks
European Union harmonisation could erode the cost advantage that joining states currently enjoy and leave British importers legally liable if products sourced from these countries do not comply with EU legislation. This is according to Marsh in a..
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01 June 2004
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US report finds no MMR link to autism
Neither the mercury-based vaccine preservative thimerosal nor the measles-mumps-rubella (MMR) vaccine are associated with autism, based on a thorough review of clinical and epidemiological studies, according to the Institute of Medicine of the..
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01 June 2004
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The manufacturers’ view
Not to be left out, the EEF, the manufacturers’ organisation, also welcomed key recommendations from the report. Gary Booton EEF Director of Health, Safety & Environment said: “The popular perception that making spurious claims is..
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01 June 2004
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The Health & Safety Commission view
The Health & Safety Commission (HSC) put out a press release headed “HSC welcomes demolition of compensation culture myth” and went on to say that the report supports HSC’s view that appropriate health and safety management is..
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01 June 2004
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The Claims Standards Federation view
The report has further been welcomed by the Claims Standards Federation, and in particular the recommendations regarding the codes of regulation. These are as follows: Recommendation 1: Claims Management Companies (i) Regulation
The Task Force..
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01 June 2004
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The Civil Justice Council view
The Civil Justice Council says it supports the overall findings of the Better Regulation Task Force report. The Chairman of the Civil Justice Council, Lord Phillips of Worth Matravers, Master of the Rolls, said: “I very much welcome this..
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01 June 2004
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The Government view
The Government has welcomed the Better Regulation Task Force report ‘Better Routes to Redress’. David Lammy, Civil Justice Minister and sponsor minister for the report said: “Better Routes to Redress provides a valuable independent..
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01 June 2004
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Better Regulation Task Force on compensation culture
The Better Regulation Task Force has published its report “Better Routes to Redress” which looks at the controversial issue of the “compensation culture” in the UK. The report considers how those with a genuine grievance can..
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01 June 2004
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No “free standing” duty
In the course of being ejected from the nightclub by a doorman, the claimant sustained severe head injuries. At the liability hearing it was accepted that the doorman had acted negligently in the course of employment and that he was not an employee..
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01 June 2004
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166 - 01 June 2004
Alternative dispute resolution and costs sanctions
In a case where a party in dispute had refused to take part in an alternative dispute resolution, and was successful at trial, the burden was on the unsuccessful party seeking a costs sanction against the successful litigant to show that it acted..
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01 June 2004
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166 - 01 June 2004
Transsexual female treated equal to female
The House of Lords ruled that a transsexual person who had undergone gender reassignment surgery and lived as a member of the reassigned gender was, for the purposes of employment, entitled to be treated equally with non-transsexual members of that..
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01 June 2004
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166 - 01 June 2004
Compensation for special damages
The Court of Appeal held that an employee was not entitled to any compensation for loss of earnings unless he had shown that he had suffered special damages by reason of victimisation by his employer.
It also held that since the employee had been..
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01 June 2004
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166 - 01 June 2004
Race claim can be brought by bankrupt
A race discrimination claim by a bankrupt was a hybrid rather than a wholly personal claim and so vested in the trustee in bankruptcy. The critical question, ruled the Court of Appeal, was not the relief which the claimant could in theory seek but..
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01 June 2004
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166 - 01 June 2004
Employer materially increased risks
The Court of Appeal ruled that where claimants had been subject to excessive levels of vibration through the use of hand tools at work, the employer assumed the burden justifying their continuing exposure to vibration.
The court allowed the appeals..
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01 June 2004
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Evaluation studies must occur in the same exercise
The study of the applicant’s and comparator’s jobs had to be carried out in the same exercise when a job evaluation was being conducted in an equal pay claim. The Employment Appeal Tribunal dismissed the appeal of the applicants who had..
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01 June 2004
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Continuity of employment preserved
The case involved the employment of the claimants by a partnership of two solicitors, followed by employment by the sole remaining partner when the partnership was dissolved.
The Court of Appeal ruled that in such a case, the claimants were entitled..
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01 June 2004
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166 - 01 June 2004
No imposition of a non-delegable duty
The Court of Appeal ruled that there was no justification for imposing a non-delegable duty on the MoD to ensure that due skill and care was exercised in German hospitals in circumstances where the MoD was no longer in the business of treating..
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01 June 2004
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166 - 01 June 2004
Very good reason needed for claim form extension
Under the Civil Procedure Rules an extension of time would usually be granted if there was a very good reason for the failure to serve the claim form within the specified period. The weaker the reason, the more likely the court would be to refuse to..
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01 June 2004
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166 - 01 June 2004
Human rights breached in Scotland
The Court of Session ruled that Scotland was in breach of article 3 and article 8 of the European Convention on Human Rights, relating to the prohibition of inhuman and degrading treatment and respect for the right of privacy respectively. This was..
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01 June 2004
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166 - 01 June 2004
No real risk of injury
The claimant was employed by the MoD in a mailroom/sorting office. She suffered an injury when picking up a post sack.
At first instance the court found that the essential cause of the injury was neither the weight of the sack nor the height she had..
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01 June 2004
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166 - 01 June 2004
Black nurse wins race case
A black nurse who was banned from taking care of a sick white baby has been awarded £20,000. A tribunal ruled that she had been racially discriminated against.
The baby’s mother had demanded that the child be removed from the..
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01 June 2004
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166 - 01 June 2004
Structured settlement for brain damaged boy
A seven-year-old boy who was severely brain damaged after mistakes during his birth has been awarded damages to pay for his on-going round-the-clock care. The boy has spastic diplegic cerebral palsy, epilepsy, severe learning difficulties and..
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01 June 2004
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166 - 01 June 2004
£178,000 award for racist abuse
An Asian postman has won more than £178,000 in compensation. He suffered eight years of racist abuse and threats from colleagues, including threats against his wife and children.
Managers turned a blind eye to the abuse, which included verbal..
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01 June 2004
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166 - 01 June 2004
Award for racial discrimination
More than £44,000 has been awarded to a council housing department worker in a racial discrimination case. The man claimed that he was passed over for promotion in favour of less qualified white colleagues. The man won an employment tribunal..
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01 June 2004
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166 - 01 June 2004
Black policewoman wins case against Met
A black policewoman is to receive compensation, believed to be around £500,000, from the Metropolitan Police. The woman had claimed race and sex discrimination. The case was settled without admission of liability on the part of the Commissioner..
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01 June 2004
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166 - 01 June 2004
BMA settles race case
The British Medical Association (BMA) has agreed to settle five cases of race discrimination against the association. While denying liability, the BMA has agreed to make payments totalling in aggregate £130,000 for all five doctors. All parties..
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01 June 2004
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166 - 01 June 2004
Singapore Airlines crash victims get US$15m
The family of a couple killed in the Singapore Airlines crash in October 2000 have been awarded US$15m. The insurers of Singapore Airlines, including the Singapore Aviation & General Insurance, will cover the airlines’ liability. The..
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01 June 2004
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166 - 01 June 2004
Hospital settles drug overdose case
A hospital has paid £4000 in a settlement in a case in which a baby was given a drug overdose. The baby had undergone heart surgery and was given an overdose of potassium. As a result, his heart stopped beating.
He was revived, but died five..
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01 June 2004
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166 - 01 June 2004
Police settle in assault case
..
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01 June 2004
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166 - 01 June 2004
US$3.1mn in racial discrimination lawsuit
The US Equal Employment Opportunity Commission (EEOC) has reached agreement with Seattle-based window manufacturer, Milgard Manufacturing, to resolve a lawsuit alleging that Milgard engaged in racially discriminatory hiring practices at its Colorado..
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01 June 2004
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166 - 01 June 2004
Bullied deputy head gets £200,000
A primary school deputy head teacher has been given an out-of-court settlement of £200,000 after she was bullied by governors. The teacher was suspended along with her head teacher in August 1999 over a dispute between the senior management..
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01 June 2004
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166 - 01 June 2004
No retrocession cover in Exxon Valdez case
Certain payments made by reinsurers following the Exxon Valdez oil spill are not recoverable from their retrocessional reinsurer, according to a ruling in the High Court
The High Court ruled in favour of the retrocessional reinsurer in the case,..
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01 June 2004
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166 - 01 June 2004
Citigroup’s US$2.65bn WorldCom settlement
Citigroup is reported to have little insurance to cover its US$2.65bn settlement with WorldCom investors. They had sued Citigroup for backing WorldCom securities before it went bankrupt.
Nevertheless, reports suggest that the settlement will reverse..
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01 June 2004
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166 - 01 June 2004
Mesothelioma award stands
The Court of Appeal has rejected a claim by a company that it was liable to pay £152,000 compensation to the widow of a man who died from mesothelioma.
The company was the legal successor to the firm that employed the man. The company argued..
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01 June 2004
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166 - 01 June 2004
Claim against Royal College of Nursing rejected
An employment tribunal has rejected a claim for constructive dismissal and racial discrimination brought by an official of the Royal College of Nursing (RCN).
The official claimed that she had been suspended after criticising the general secretary..
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01 June 2004
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166 - 01 June 2004
Gay police officer loses claim
An employment tribunal has rejected a claim for sex discrimination brought by a gay police officer against his police force. The officer was suspended after an incident at a police social event. He was later cleared of any wrongdoing, but he claimed..
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01 June 2004
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166 - 01 June 2004
Tobacco case decision reviewed
The Florida state supreme court has agreed to review an appeals court ruling in the Engle class-action case that overturned a US$145bn verdict against tobacco companies. The class action had been rejected on the grounds that illnesses of the..
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01 June 2004
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166 - 01 June 2004
Police discriminated against trans person
The House of Lords ruled unanimously that it was unlawful sex discrimination by the Chief Constable of West Yorkshire to refuse to employ A, a trans person, as a police officer. Her case was supported by the Equal Opportunities Commission (EOC).
The..
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01 June 2004
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166 - 01 June 2004
Tube driver wins unfair dismissal case
A Tube driver has won his case for unfair dismissal after he was sacked for playing squash whilst on sick leave. London Underground investigators saw the driver leave a sports centre, but he claimed that he had been advised to play squash by a..
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01 June 2004
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166 - 01 June 2004
Whistleblower wins unfair dismissal
A whistleblower manager who alleged bullying of staff at a charity for blind children has won her case of unfair dismissal. The Royal London Society for the Blind denied any bullying, but conceded legal liability in the unfair dismissal case. The..
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01 June 2004
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166 - 01 June 2004
Firm can sue another for racial discrimination
A federal appellate court in the US has ruled that one company can sue another for racial discrimination. The court in San Francisco ruled that a black-owned technology services contractor could pursue a discrimination lawsuit against Sun..
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01 June 2004
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166 - 01 June 2004
Transsexual sues doctor for referral
A transsexual is suing her doctor after claiming that he misdiagnosed her with gender dysphoria. The transsexual spent £60,000 on surgery to become a woman, but seven years later, believed it had been a mistake. She is suing the consultant..
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01 June 2004
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166 - 01 June 2004
MoD discriminated against female legal officer
The Ministry of Defence (MoD) unlawfully discriminated against a female legal officer by banning her from taking up a part-time judicial appointment because of her rank, an employment tribunal has ruled.
The Equal Opportunities Commission (EOC),..
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01 June 2004
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166 - 01 June 2004
Mesothelioma apportionment decision
The Court of Appeal has ruled in the Barker v St Gobain Pipelines plc case.The court dismissed the employer’s appeal, rejecting arguments that:
as the late Mr Barker suffered exposure during a period of self-employment, he could not be..
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01 June 2004
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166 - 01 June 2004
Wrong diagnosis boy wins damages
A boy has been awarded damages after he had both legs amputated below the knee when he was wrongly diagnosed with chicken pox. In fact, he had meningitis, but this was not diagnosed until his parents took him back to hospital the following day...
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01 June 2004
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166 - 01 June 2004
Trip woman sues for weight gain
A woman is suing her council for £200,000 damages after she put on excessive weight following a fall in the street. She claims that she tripped on a badly-maintained pavement, resulting in a long period of immobility, during which her weight..
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01 June 2004
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166 - 01 June 2004
Police sue over post-shooting treatment
Five policemen are to sue their force over the way they were treated after the fatal shooting of an unarmed man. All five were involved in the operation, and after the incident, they remained off work for three years until charges against them were..
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01 June 2004
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166 - 01 June 2004
Student to sue university over plagiarism
A student is to sue his university for negligence for failing to warn him that down-loading material from the internet for his degree was against the regulations. A report in the Times Higher Education Supplement said that he was told on the eve of..
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01 June 2004
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166 - 01 June 2004
Compensation 23 years later for brain damage
The High Court has ruled that a man who suffered brain damage just after his birth 23 years ago is entitled to compensation. It was alleged that staff failed to call a doctor after the baby showed signs of breathing problems.
The judge ruled that..
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01 June 2004
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166 - 01 June 2004
Woman disabled by gas leak in settlement
A woman who was left severely disabled, and whose boyfriend was killed, by a gas leak has received an out-of-court settlement from her council. She had sued the council for £3.5mn after it had admitted breaching gas safety regulations. The..
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01 June 2004
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166 - 01 June 2004
Compensation culture – perceived or real?
Is there a compensation culture developing in the UK? It is interesting that in the US, plaintiff lawyers regularly dispute the notion of such a culture, despite the mass of evidence to the contrary. But what about the UK? Are we following the US..
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01 June 2004
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166 - 01 June 2004