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More premium reductions for aviation sector
Aon Aviation’s publication ‘Airline Insurance Market News’ has revealed that November aviation renewals have brought more premium reductions. Rate reductions have continued to be similar to those awarded early in the year.
The..
Online Published Date:
01 December 2004
Appeared in issue:
172 - 01 December 2004
UK liability market
UK insurance companies wrote £6.3bn (US$11.2bn) in gross premiums for third-party liability insurance in 2003, according to a survey of the UK company market carried out by LRI’s
sister newsletter World Insurance Report
. The survey,..
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01 December 2004
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172 - 01 December 2004
P&I renewal report from Aon
The 2005 Protection and Indemnity (P&I) renewal for ship owners is likely to see an average general rate rise of around 12.5% in insurance premiums, according to Aon’s 2004/2005 P&I handbook.
Though 2004 saw a positive financial..
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01 December 2004
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172 - 01 December 2004
Insurers cannot avoid liability on use basis
Insurers could not avoid liability over an incident in which a motorist had driven his car with the intention of frightening pedestrians but had killed one, on the basis that such was not social, domestic or pleasure use.
The Court of Appeal allowed..
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01 December 2004
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172 - 01 December 2004
Nursery Crimes
New research has discovered that nursery rhymes are more violent than television. A Bristol Royal Hospital for Children team found the frequency of nursery rhyme violence was more than 10 times greater than in pre-9pm programmes.
The researchers..
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01 December 2004
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172 - 01 December 2004
They paid HOW MUCH?
In last month’s LRI
, we had an unfortunate problem with millions and billions, for which we apologise. The errors were so blatant that hopefully readers will have realised the mistakes.
On page 4, the heading “Hospital pays..
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01 December 2004
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172 - 01 December 2004
Tribunals reform will show independence from Government
Lord Falconer, Secretary of State at the Department for Constitutional Affairs, has said that the million or so people who use tribunals each year will be the major beneficiaries of reform. Speaking at the annual conference of the Council on..
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01 December 2004
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172 - 01 December 2004
Single commission plans welcomed
The Government’s plans to press ahead with proposals for the creation of a Commission for Equality and Human Rights, as outlined in the Queen’s speech, have been largely welcomed by the Commission for Racial Equality (CRE) and the Equal..
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01 December 2004
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172 - 01 December 2004
Increase in employment tribunal award limits
The annual increase on various employment tribunal award limits has been announced. With effect from 1 February 2005, the limits will increase as follows:
the limit on a week’s pay used to calculate the unfair dismissal basic award and..
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01 December 2004
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172 - 01 December 2004
Changes to proposals for a single equality commission
The Government has announced changes to its proposals for a Commission for Equality and Human Rights (CEHR), as a result of the recent consultation. These include:
The CEHR will publish a ‘state of the nation’ report on a regular basis..
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01 December 2004
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172 - 01 December 2004
ABI responds to publication of Ogden Tables
The publication of the fifth edition of the ‘Ogden’ tables by the Government Actuary’s Department (GAD) should reassure claimants in serious personal injury cases that their compensation is calculated fairly, says the ABI..
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01 December 2004
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172 - 01 December 2004
Fifth edition of Ogden Tables published
A new edition of the Ogden Tables has been published, giving more detailed guidance than ever before on how the courts should assess awards for damages in fatal accident cases.
A multi-disciplinary group of actuaries, lawyers and accountants,..
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01 December 2004
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172 - 01 December 2004
Legal expenses scheme for MIB
The Motor Insurers’ Bureau (MIB) has launched the MIB Legal Expenses Scheme, a service developed by FirstAssist specifically for the Bureau. Applicable for uninsured cases, it means that neither the victim, nor a solicitor’s legal..
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01 December 2004
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172 - 01 December 2004
ABI report on return to work and vocational rehabilitation
The Association of British Insurers (ABI) has produced a report, “Cost & benefits of return to work and vocational rehabilitation in the UK,” researched by Greenstreet Berman Ltd.
According to the report, “it is apparent that..
Online Published Date:
01 December 2004
Appeared in issue:
172 - 01 December 2004
MIB makes interim payments
The Motor Insurers' Bureau has confirmed that it will be meeting in full all personal injury claims submitted by victims of the Berkshire rail crash under the terms of the Uninsured Drivers' Agreement. This follows recent discussions between the..
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01 December 2004
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172 - 01 December 2004
MIB to handle Berkshire rail crash claims
Claims relating to the Ufton Nervet level crossing train crash in Berkshire which resulted in the deaths of six people and injuries to around 150 people are being handled by the Motor Insurers’ Bureau (MIB) which is funded by a levy on all..
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01 December 2004
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172 - 01 December 2004
Cars lack protection against whiplash
Two thirds of new cars currently on the market fail to provide proper protection in a low speed rear end shunt – the most common form of accident, often resulting in whiplash injuries.
The tests were carried out by Thatcham, the Motor..
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01 December 2004
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172 - 01 December 2004
CRE takes on local authorities over race equality
Fifty-two public authorities have had compliance procedures instigated against them by the Commission for Racial Equality (CRE) in 2004, for failing to comply with their legal duty to promote race equality.
Since the Race Relations (Amendment) Act..
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01 December 2004
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172 - 01 December 2004
Lloyd Inquiry backs Gulf War Syndrome veterans
The Lloyd Inquiry into Gulf War Syndrome has come out firmly in favour of Gulf War veterans. The Inquiry published its findings in a report which said that what the veterans now want above all else is a clear recognition by the MoD that they are ill..
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01 December 2004
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172 - 01 December 2004
TUC surveys union safety reps
Stress, repetitive strain injuries (RSI) and back strains are the top three health hazards facing UK workers and the problems are getting worse, with employers still failing to protect their staff from ill health or serious injury, according to a..
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01 December 2004
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172 - 01 December 2004
Human resources survey into pregnancy
Nearly one in 10 respondents to a reader survey of human resource (HR) professionals confirmed that their employers had given a pregnant employee a package to end her employment in the last three years. This rose to over a quarter of HR..
Online Published Date:
01 December 2004
Appeared in issue:
172 - 01 December 2004
Coalminers’ widows may lose out
Solicitors representing the widows of former coalminers have expressed serious concern over the DTI’s proposals to speed up the payments to miners’ widows and their families, fearing many families will lose out on much-needed..
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01 December 2004
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172 - 01 December 2004
Acoustic Shock Programme launched
The Call Centre Management Association (CCMA) has launched the Acoustic Shock Programme and website.
Acoustic Shock is a random frequency surge delivered via a call centre agent’s headset, caused by a sudden spike of noise, often occurring..
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01 December 2004
Appeared in issue:
172 - 01 December 2004
HSE reveals workplace injury and illness figures
The Health and Safety Executive (HSE) has released figures which show an increase in the number of reported workplace injuries and a decline in new cases of work-related ill health.
Nationally, the figures show:
There were 235 fatal injuries to..
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01 December 2004
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172 - 01 December 2004
Union presses for investigation into safe manning levels
Shipping Minister David Jamieson has revealed that the UK government has begun a major investigation into safe manning levels. The National Union of Marine, Aviation and Shipping Transport Officers (NUMAST) raised renewed concern at the failure to..
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01 December 2004
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172 - 01 December 2004
Abercrombie & Fitch settles EEOC lawsuit
The US Equal Employment Opportunity Commission (EEOC) and private plaintiffs have announced their mutual resolution of a lawsuit that alleged that Abercrombie & Fitch, violated Title VII of the Civil Rights Act of 1964 by maintaining recruiting..
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01 December 2004
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172 - 01 December 2004
Former firefighters developing asbestos-related diseases
The Fire Brigades Union and union lawyers Thompsons are warning of an increase in the number of former firefighters in the West Midlands developing asbestos-related diseases. They are advising firefighters who believe they have been exposed to..
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01 December 2004
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172 - 01 December 2004
Smoking death figures from Health Development Agency
New figures published by the Health Development Agency have revealed that over 1,600 people are estimated to die from smoking each week. This amounts to over 230 deaths every day. Approximately 62% of these deaths are men and 38% are women.
The..
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01 December 2004
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172 - 01 December 2004
Smoking ban in Scotland planned for 2006
The Scottish government has outlined plans for a comprehensive ban on smoking in all enclosed public places in Scotland which should be in place by spring 2006.
The legislation will be enforced by Environmental Health and Local Licensing Officers...
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01 December 2004
Appeared in issue:
172 - 01 December 2004
Heavy computer use linked to glaucoma
Heavy computer use may be linked to the development of glaucoma, especially among those who are short sighted, according to a large Japanese study in the Journal of Epidemiology and Community Health.
Glaucoma is relatively common eye disease that..
Online Published Date:
01 December 2004
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172 - 01 December 2004
Government White Paper on improving public health
Health Secretary John Reid has published “Choosing Health,” the Government’s White Paper on improving public health in England.
The document aims to make it easier for people to change their lifestyle so they eat more healthily,..
Online Published Date:
01 December 2004
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172 - 01 December 2004
Responses to White Paper on public health
The TUC welcomed the restrictions on smoking in workplaces, announced in the Government’s Public Health White Paper. However, Brendan Barber, TUC General Secretary, said: “The Government’s plans are a major advance but they simply..
Online Published Date:
01 December 2004
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172 - 01 December 2004
Lord Chancellor attacks compensation culture
The Lord Chancellor, Lord Falconer, has criticised the perceived compensation culture in the UK and insists that this impression cannot go unchecked, adding that although compensation claims are falling, the have-a-go atmosphere surrounding personal..
Online Published Date:
01 December 2004
Appeared in issue:
172 - 01 December 2004
When contentious matters can be reopened
After a judgment had been circulated to the parties in draft, counsel would only rarely be allowed to reopen contentious matters. It would rarely be appropriate for the parties to attempt to add to their case or make a new case.
The Court of Appeal..
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01 December 2004
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172 - 01 December 2004
Alternative to payment into court for NHS
Where a National Health Service trust did not make a payment into court but sent an offer to settle a money claim under the provisions of Part 36 (offers to settle) and Part 44 (about costs) of the Civil Procedure Rules, and put the claimant at risk..
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01 December 2004
Appeared in issue:
172 - 01 December 2004
Employer/employee relationship tests
A man sub-contracted work to his son who fell from his own ladder while accessing scaffolding. The son alleged that the father had breached the Construction (Health, Safety and Welfare) Regulations 1996 by failing to have someone at the foot of the..
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01 December 2004
Appeared in issue:
172 - 01 December 2004
Video-link facility rather than appearance at court
A personal injury claimant had her claim dismissed after a county court trial. She had claimed she had suffered an injury as a child while she was at school.
She applied for permission to appeal, by way of a short appearance by counsel in the Court..
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01 December 2004
Appeared in issue:
172 - 01 December 2004
Claims outside the jurisdiction
When a defendant wished to claim against a non-party outside the jurisdiction he should apply to the court for an order adding that person, and that claim had to be treated as if it were a counterclaim under Part 20 of the Civil Procedure Rules. The..
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01 December 2004
Appeared in issue:
172 - 01 December 2004
No duty of care over icy roads
There was no common law duty of care upon highway authorities to remedy the formation of ice on roads. The Court of Appeal dismissed the appeal of the first and second claimants, against dismissal of their claim for damages against the Department of..
Online Published Date:
01 December 2004
Appeared in issue:
172 - 01 December 2004
No claim basis for footpath injury
A man suffered a serious shoulder injury when he was attempting to step from a footpath up onto the forecourt of a bank. Responsibility for maintaining the footpath, but not the forecourt of the bank, lay with the highway authority, the council. The..
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01 December 2004
Appeared in issue:
172 - 01 December 2004
NHS payment into court and offer to settle
Where a National Health Service trust did not make a payment into court but sent an offer to settle a money claim under the provisions of Part 36 (offers to settle) and Part 44 (about costs) of the Civil Procedure Rules, and put the claimant at risk..
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01 December 2004
Appeared in issue:
172 - 01 December 2004
“Final straw” last in series with cumulative effect
If a “final straw” was to be successfully relied on by the employee as a repudiation of a contract of employment, it had to be the last in a series of acts or incidents which cumulatively amounted to a repudiation of the contract by the..
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01 December 2004
Appeared in issue:
172 - 01 December 2004
$1.5bn insurance funds for Halliburton’s asbestos liabilities
A federal bankruptcy court in the US has upheld a deal under which Halliburton’s DII Industries and KBR units will receive around $1.5bn in insurance funds to pay for asbestos liabilities, as part of Halliburton’s overall $4.8bn asbestos..
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01 December 2004
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172 - 01 December 2004
£1.6mn for car crash victim
The victim of a car crash which resulted in severe brain injuries has received an out-of-court settlement of more than £1.6mn. The woman was injured when the driver of the car in which the woman was travelling lost control of the car. He was..
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01 December 2004
Appeared in issue:
172 - 01 December 2004
£570,000 for injured motorbike rider
A motorbike rider who was seriously injured in an accident with a car has received compensation of £570,000. The man suffered brain injury, and as a result, his marriage failed and his career suffered, and he is now in the care of his father...
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01 December 2004
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172 - 01 December 2004
Hernia from heavy lifting
An IT engineer has received £4,767.51 in compensation from his employer after sustaining a hernia, caused by lifting a heavy box at work. He worked from home and fixed computers all over the north of England. He drove into work to collect some..
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01 December 2004
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172 - 01 December 2004
Settlement for injured psychiatric patient
A man who was hit by a car causing brain damage has won £375,000 damages from the clinic where he was receiving psychiatric treatment for severe depression. The clinic, which denied liability, was sued on the basis that his medication and..
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01 December 2004
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172 - 01 December 2004
£1.05mn for woman left an amnesiac
A woman who was left an almost complete amnesiac following an undiagnosed subarachnoid haemorrage has been awarded a lump sum and annual payments.
The woman cannot remember anything in her life from one second to the next, although she has residual..
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01 December 2004
Appeared in issue:
172 - 01 December 2004
$76.5mn to settle EnPro’s asbestos claims
A number of insurers in the London market and a US insurer have agreed to pay $76.5mn to settle all asbestos claims filed by subsidiaries of US company EnPro Industries. Around $22mn of the settlement will go to EnPro itself as reimbursement for..
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01 December 2004
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172 - 01 December 2004
Awards for abused learning disabled adults
A group of learning disabled adults who were systematically abused during their time at a care home in Essex in the early 1980s have been awarded compensation. Eight residents took legal action, receiving awards for the injuries themselves of..
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01 December 2004
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172 - 01 December 2004
ABB’s $1.2 billion asbestos settlement rejected
A US appeals court has rejected ABB's $1.2 billion settlement of asbestos claims. The claims relate to workers at ABB subsidiaries, and will now have to go back to the original courts for renegotiation. The settlement went to the appeal court..
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01 December 2004
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172 - 01 December 2004
Prisoners sue over segregation units
The Scottish Prison Service is being sued by five prisoners who were held in segregation units in Scottish jails. The prisoners claim that being kept in the units in solitary confinement for 23 hours a day breached their human rights. They are suing..
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01 December 2004
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172 - 01 December 2004
Settlement for death of breech baby
The parents of a baby who died at eight days old have received an apology and compensation from a hospital trust. The doctors did not realise that the baby was breech until some hours after her labour had commenced. Once they realised the baby was..
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01 December 2004
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172 - 01 December 2004
Rail company sued over lack of seatbelts
First Great Western is to be sued by the father of one of the victims of the Berkshire rail crash. The man was unhurt in the accident but his 14 year old daughter died, and he is suing the rail company for failing to fit seatbelts on high-speed..
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01 December 2004
Appeared in issue:
172 - 01 December 2004
No duty of care over icy road death
A judge has ruled that a council and the Department of Transport were not responsible for the death of a man who was killed when his car crashed on an icy road. The family claimed that the road should have been gritted.
The Appeal Court upheld the..
Online Published Date:
01 December 2004
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172 - 01 December 2004
Injured Port Talbot steelworkers claim damages
The owners of the Port Talbot steelworks that suffered an explosion three years ago are to be sued by two steelworkers who were seriously injured in the blast. The men are claiming damages of over £150,000 each. One of the men suffered 40%..
Online Published Date:
01 December 2004
Appeared in issue:
172 - 01 December 2004
Settlement in milk allergy death
The parents of a baby who died as a result of a severe allergic reaction to milk in April 2002, have settled their claim for compensation against the day nursery where he received the milk.
The five month old baby was known to be allergic to milk..
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01 December 2004
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172 - 01 December 2004
Sub-editor appeals in stress case
A newspaper sub-editor has appealed in a test case relating to work related stress. He claims that overwork caused him to have a mental breakdown, but the local newspaper said that he was under less stress than colleagues. The man says that he wrote..
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01 December 2004
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172 - 01 December 2004
Equitable may accept lower settlement
The Financial Times has reported that Equitable Life might accept a settlement of between £200mn and £400mn from Ernst & Young. The original claim was £2.1bn against Ernst & Young, and £1.7mn against its former..
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01 December 2004
Appeared in issue:
172 - 01 December 2004
Pathologist sues council over work collection
A council has thrown away a pathologist’s life work after it had been temporarily stored in a garage. The council believed the collection, which included reference books and slides covering 25 years work, had been illegally dumped. It had been..
Online Published Date:
01 December 2004
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172 - 01 December 2004
Parents of crash victim settle case
The parents of a man who was killed when he was struck by a taxi driver after he stepped out into the road have had to settle a case in which the driver threatened to sue because of the trauma caused by the accident. An inquest had returned a..
Online Published Date:
01 December 2004
Appeared in issue:
172 - 01 December 2004
Diver claims £1.2mn for accident trauma
A North Sea diver is suing for £1.2mn damages for the trauma he suffered after an fatal accident in which his colleague died. The accident was caused by an underwater explosion when a three-man team was working on a wellhead with burning gear...
Online Published Date:
01 December 2004
Appeared in issue:
172 - 01 December 2004
MoD sued over 1950s nerve gas tests
The Ministry of Defence is to be sued after an inquest ruling that an airman who died after taking part in a nerve gas test was unlawfully killed. The family of the man is to seek compensation, and it is thought that a number of other legal claims..
Online Published Date:
01 December 2004
Appeared in issue:
172 - 01 December 2004
Council to sue Secretary of State for Transport
The Secretary of State for Transport is to be sued under the Human Rights Act by a parish council. The council is planning to sue over compensation being offered to residents affected by the expansion of Stansted Airport. Under a BAA scheme..
Online Published Date:
01 December 2004
Appeared in issue:
172 - 01 December 2004
Law Society faces discrimination lawsuit
It has been reported that the Law Society is facing a claim of race, sex and disability discrimination. The woman involved, secretary to the Law Society’s alternative dispute resolution committee, recently won a pre-hearing claim at a..
Online Published Date:
01 December 2004
Appeared in issue:
172 - 01 December 2004
Government moves to prevent compensation culture
The Government is getting tough on claims management companies as part of its attack on the development of a compensation culture in the UK. Constitutional Affairs Secretary Lord Falconer said that claims management companies offering ‘no win..
Online Published Date:
01 December 2004
Appeared in issue:
172 - 01 December 2004