- Home/Publications/Liability Risk and Insurance
Health and safety not gone mad
A man has reportedly been banned from running the wrong way up escalators in a department store in Surrey. Admittedly, he was a former Olympic hurdler, and in his youth he claims to have regularly run the wrong way up escalators on the Tube. The..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Is it time for insurers to adopt a climate change exclusion policy?
By Alex Hamer, Reynolds Porter Chamberlain
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Zurich takes action on exaggerated legal fees
Zurich has taken successful court action against the legal cost negotiator agents of Delta Legal, for inflating legal costs on number of ‘no win no fee’ (conditional fee arrangement) cases. It took the action in what it said was an..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Disability ruling creates new rights for carers
The European Court of Justice in Luxembourg has upheld the earlier opinion of the Advocate General (AG) that treating employees less favourably because of their association with a disabled person was unlawful. The legal victory in Europe creates..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
New chair of the Legal Services Commission
Sir Bill Callaghan has been appointed the new chair of the Legal Services Commission (LSC) by the Lord Chancellor and Secretary of State for Justice, Jack Straw.
Sir Bill will chair the 12 member Commission, which oversees the strategic direction..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Collective Actions recommendations from Civil Justice Council
The Civil Justice Council has produced a paper entitled “Improving Access to Justice through Collective Actions -Developing a More Efficient and Effective Procedure for Collective Actions”.
The paper found that “existing procedure..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
CNA Insurance new PI product range
CNA Insurance has announced improvements to its professional indemnity (PI) product range, with 11 new policy wordings alongside enhancements to nine, all designed for the UK market.
According to CNA, the new policies cover professionals such as..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Latest figures on MRSA and C difficile infections
The Health Protection Agency has published its latest quarterly figures on MRSA bloodstream infections and C difficile infections. The latest figures on MRSA bloodstream infections show that there were 966 cases reported in England during the..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
RSA launches new product for solicitors
Royal SunAlliance (RSA) has launched a new ‘Solicitors’ package, offering tailor-made Professional Indemnity (PI) insurance to medium sized solicitor firms. Aimed at firms with a practice of 10 to 40 partners, ‘Solicitors’..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Government keen on H&S link to EL insurance
The Government has further responded to the Parliamentary Work and Pensions Committee ‘Third Report of Session 2007-08’ by addressing the issue of employers’ liability insurance (EL) and health and safety.
The Committee said it..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Stress survey from Siemens
UK workers are most likely to turn to alcohol, smoking and comfort eating to help them deal with the stress of their occupations, according to a new report from The Stroke Association, in association with Siemens. The report highlights the high..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Norwich Union warns manufacturers on safety
Norwich Union is urging manufacturers to be aware of their responsibilities and the dangers of working with machinery, as part of its latest Simply Safety campaign. Phil Grace, liability risk manager for Norwich Union, says: “In various..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Support for H&S accreditation
The Government announcement supporting accreditation of health and safety professionals with proper qualifications and experience will help stop over-zealous decisions and ‘bonkers’ bans, said the Institution of Occupational Safety and..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Government responds on H&S accreditation
The Government has responded to the Parliamentary Work and Pensions Committee ‘Third Report of Session 2007-08: The role of the Health and Safety Commission and Health and Safety Executive in regulating workplace health and safety’. It..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Workplace injury survey
Research by Royal SunAlliance (RSA) has shown that 11.8mn people have incurred an injury or illness in the workplace, in the last 12 months in the UK.
Around one-quarter (26%) of those taken ill at work suffered from stress and anxiety and another..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Call for action on fatigue in shipping
Nautilus UK, the union for maritime professionals at sea and ashore, has warned that it is time for flag states and port state control authorities to get tough on seafarers’ working hours.
General secretary Brian Orrell told delegates at an..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Marketing of unhealthy food to children criticised
Food companies are still not doing enough to curb their marketing of unhealthy food to children, despite 88% of consumers thinking they should be more responsible, according to consumer association Which?. Social networking sites, text messaging..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
US securities class action litigation report
Private securities class action lawsuits present a serious threat to the health of US businesses, the prosperity of American families and the strength of our nation’s global competitiveness, according to new analysis published by the US..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Sunshine Litigation Act
A new Act in the US will help to shed light on dangerous products, according to the American Association for Justice (AAJ). The Sunshine in Litigation Act (S.2449/H.R.5884) would ensure that federal courts consider public health and safety matters..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
US passes consumer product safety laws
The US House of Representatives has passed the Consumer Product Safety Commission Bill, which according to the American Association for Justice (AAJ) will mean that “Consumers who have been tragically harmed by dangerous products have secured..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Response to pleural plaques consultation
The publication of a pleural plaques consultation paper by the Ministry of Justice was welcomed by the Association of British Insurers (ABI). Nick Starling, Director of General Insurance and Health at the ABI, said: “The way forward must be..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Government consultation on pleural plaques
The Government has launched a consultation on the most appropriate way of supporting people diagnosed with pleural plaques. Before last year it was possible for those with pleural plaques to claim damages. In October 2007, the Law Lords ruled that..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
ETUC calls for paint stripper ban
The European Trade Union Confederation (ETUC) is calling for a blanket ban on paint strippers that contain dichloromethane, a member of the chlorinated solvent group of chemicals that is responsible for a large number of deaths and accidents..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
CIPD warns over low levels of rehabilitation support
Government efforts to get the long-term sick off benefits and back to work risk being undermined by low levels of rehabilitation support in the workplace, according to the Chartered Institute of Personnel and Development’s (CIPD’s)..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Rehabilitation ignored by Government
The Government response to the consultation on case track limits and the claims process for personal injury claims was criticised on all sides for failing to talk about rehabilitation. Norman Cottington, the President of the Bodily Injury Claims..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
HPA sets up Nanotoxicology Research Centre
The Health Protection Agency has set up a new centre to study the possible health effects of human exposure to nanoparticles. The National Nanotoxicology Research Centre (NNRC) is being developed at the Agency’s Centre for Radiation, Chemical..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
RSI cases at all time high says Microsoft research
Work-related Repetitive Strain Injury (RSI) cases are at an all-time high and the cost to businesses is spiralling, as changing trends see professional staff working on the move more than ever before.
Official research by Microsoft has revealed..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Insurers must act over 15 day liability response
Target harlosh, a general insurance solutions provider, has predicted that the Ministry of Justice’s decision to require insurers to respond on liability within 15 days will prompt insurers to review processes and systems to deal with this..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Defendant lawyers criticise Government response
The Government’s response was also widely criticised by defendant lawyers. Nick Parsons of law firm Browne Jacobson, said there is disappointment that the reform is too limited and shows potential loopholes. “The ability to refer a..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Insurance industry criticises Government on personal injury claims
The Government’s response to the consultation on case track limits and the claims process for personal injury claims has been widely criticised by the insurance industry.
The Association of British Insurers (ABI) said the Government’s..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Bouncy castle injury not foreseeable
It was not reasonably foreseeable that boisterous play on a bouncy castle would involve a significant risk of serious harm and, therefore, parents who hired a bouncy castle for a children’s party did not have a duty of care to keep the..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
The “but for” test of negligence
Where medical science could not establish the probability that “but for” an act of negligence an injury would not have happened, but could establish that the contribution of the negligent cause was more than negligible, the “but..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Disability discrimination not limited to employee
The person whose disability gave rise to direct discrimination against an employee, so as to constitute an infringement of Directive 2000/78 on equal treatment and occupation, could in principle be a disabled child of the employee, and was not..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Terms and conditions of employment and sex discrimination
The striking of a deal by a trade union with a local authority as to terms and conditions of employment pursuant to a national collective agreement establishing a “single status” common pay and grading structure for all local..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Public statements and direct discrimination
Public statements that persons of particular racial origins were not acceptable as candidates for an employment post prima facie constituted direct discrimination for the purposes of Directive 2000/43 on equal treatment between persons irrespective..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Extension of the limitation period
In considering the factors relevant to the exercise of the court’s discretion under section 33 of the Limitation Act 1980 to extend the limitation period beyond that specified in section 11 of the Act, the reasons for the delay in issuing..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Bullied gay church worker wins case
A gay church worker has been awarded compensation of more than £36,000 after an employment tribunal ruled he had been the victim of bullying. He was reportedly labelled a “stupid poof” and given pink fairy toilet paper as a gift...
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Asthma award
A woman who developed asthma as a result of her work has been awarded £24,890 in compensation by her former employer. She developed the condition after coming into contact with formalin while working in the egg hatching department of a chicken..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Staircase slip and trip
A woman has received £13,000 in compensation after being injured in an industrial accident. She was taking some bin bags to be emptied into a rubbish bin which was located at the back of her employer’s kitchen. In order to reach the..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Arms damaged by metal sheets
A man has received £17,000 compensation after he was injured in an accident at work. The accident happened when he and two colleagues were instructed to assist a manager to lift a pallet containing metal sheets onto the back of a van from the..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
£800,000 award for brain damage victim
A brain damage victim has been awarded a payout of more than £800,000. The woman had begun a radical weight loss programme which involved drinking an extra four pints of water each day and reducing salt intake. Shortly after embarking on the..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Bereavement award for parents
Two parents have received compensation for a psychological disorder brought on by the death of their son in a road traffic accident. Their son was tragically killed in the road traffic accident which occurred near a supermarket car park. The driver..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Elbow fracture injury
A man has received £20,000 compensation after he was injured in a work accident.
He was testing some equipment on a production line when the equipment got stuck. In order to free it, he had to open the valve at the end of the line. The..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Noise at work injury
A man who worked as a gas fitter/service engineer and was exposed to excessive noise at work without ear protection (until 1985) between 1959 and 1993 has received £7,250 in a settlement. Ear protection was supplied in 1985 but by that time..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
£5.5mn in compensation for cerebral palsy
A boy who was starved of oxygen at birth and developed cerebral palsy has been awarded £5.5mn in compensation. The NHS trust admitted liability. He suffered brain damage after staff failed to regularly test oxygen levels in his blood. There..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Crushed hand damages of £130,000
A factory worker who injured his hand whilst working has won damages of more than £130,000. A pallet had jammed in the machine he was operating. He followed the usual practice of switching the machine to manual to straighten the pallet. When..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
£35,000 damages for crane injury
A screen engineer who was injured by a crane at Chester Race Course has secured £35,000 damages. He was working as a freelance screen engineer. He was dismantling large video screens at the end of a race meeting. Once the screens were..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
£2.5mn for JCB accident
A man who was severely injured in a JCB accident has received £2.5mn in damages. He was driving a JCB on a construction site when it toppled over crushing his lower body and right arm. He suffered catastrophic injuries and spent over 11 months..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Self-employed worker wins damages
A self-employed painter and decorator has received £29,000 compensation after an accident at work. He sustained a crushing injury to his hand whilst operating a cherry picker. At the time of his accident he was sub-contacted to work for the..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Widow receives mesothelioma compensation
The widow of a former employee at an oil refinery who died from mesothelioma has received an initial compensation payment of £47,000. Final compensation will be determined at a trial in October 2008. The man worked at a refinery on the Isle of..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Gym injury compensated
A man has received £9,375 compensation after he was injured in an accident at a gym. He had been given a programme of exercises to do while supervised by his personal trainer. Unfortunately, as he was performing one particular exercise, his..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Sex discrimination damages
A trainee manager who lost her job a month after informing her bosses she was pregnant has won her claim of sex discrimination. She lost her baby 10 days after her dismissal and attributed the miscarriage to the stress of being made redundant. She..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
£81,450 mesothelioma award
The widow of a man who died from malignant mesothelioma of the pleura has received £81,450 in compensation. He had been exposed to asbestos dust and fibres when working as an apprentice marine engineer fitter. He was exposed to asbestos dust..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Broken arm payout
A production worker has been awarded £220,000 compensation following injuries sustained in an accident at work. She was operating a drill at work, and did not know that the drill was defective and on use, it kicked back striking her right..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Knee injury damages
A man has been paid £517,500 compensation following an accident at work. The injury was so severe he required a knee replacement operation. He was working as a warehouseman when he was injured. He was engaged in dismantling and re-erecting..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Cerebral palsy award of £1mn+
A teenager who was starved of oxygen at birth has been awarded compensation of more than £1mn. He suffers from epilepsy and cerebral palsy. He has to be fed through a tube, cannot move independently and has learning difficulties as a result of..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Paralysed RTA victim wins damages
A man who was paralysed in a road accident five years ago has reportedly been awarded an index-linked sum of £260,000 on an annual basis for the rest of his life. He is also awaiting a ruling concerning a lump sum. He is paralysed from the..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
RTA victim wins £1m+
A man has been awarded £1,123,677 for serious injuries he sustained when a disqualified driver riding a motorbike hit him. The man was riding his bicycle to work when he was struck by the motorbike rider who was trying to evade an unmarked..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Worker sues for lost leg
A worker who lost his leg when it was trapped in a revolving fan while he was dismantling scaffolding is to sue his employers for up to £300,000. The scaffolding firm is reported to have admitted liability for the injury. He partly fell..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
£8mn claim for racist bullying
An engineer who claims he was subjected to racist bullying is fighting for £8mn in compensation, according to media reports. The man alleges he was driven to attempt suicide twice after being abused by a colleague at work. He says the worker..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008
Government excludes EL/PL from new claims process
A new claims process which will apply to road traffic accident personal injury claims is to be established, the Government has announced. This new streamlined procedure provides for early notification of claims valued between £1,000 and..
Online Published Date:
01 August 2008
Appeared in issue:
216 - 01 August 2008