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£130,000 settlement for mesothelioma
The widow of a plasterer who died after being exposed to asbestos at work has received £130,000 in an out-of-court settlement. The man developed mesothelioma through his work with a local plastering contractor company. His lawyer said the claim..
Online Published Date:
27 May 2011
Appeared in issue:
249 - 27 May 2011
Noise-induced hearing loss at Supreme Court By Boris Cetnik and Malcolm Keen, Berrymans Lace Mawer
By Boris Cetnik and Malcolm Keen, Berrymans Lace Mawer LLP
Online Published Date:
27 May 2011
Appeared in issue:
249 - 27 May 2011
£150,000 compensation for mesothelioma
The family of a nurse who died from mesothelioma has received £150,000 compensation in an out-of-court settlement. The intensive care nurse was exposed to asbestos when she worked at a hospital. She often used an underground corridor to access..
Online Published Date:
27 May 2011
Appeared in issue:
249 - 27 May 2011
£40,000 in compensation for knee injury
A man who carried on working despite rupturing a tendon in his knee has been awarded £40,000 in compensation. The man, who was working as a maintenance operative, lost his balance and fell while walking down a set of steps made from scaffolding..
Online Published Date:
27 May 2011
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249 - 27 May 2011
Supreme Court decision over noise-induced hearing loss
A workplace could be unsafe for the purposes of s29(1) of the Factories Act 1961 if operations constantly and regularly carried on in it made it so. Section 29(1) applied to the risk of noise-induced hearing loss arising from such activities in..
Online Published Date:
27 May 2011
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249 - 27 May 2011
Compensation for cycling accidents
A cyclist who was injured when he was knocked from his bike by a car which cut across a cycle lane has received £20,000 in compensation. The cycling accident left him with various injuries to his upper body, which meant he was unable to work..
Online Published Date:
27 May 2011
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249 - 27 May 2011
JUAC Asbestos in Schools Survey
The education sector trade unions, under the umbrella of the Joint Union Asbestos Campaign (JUAC), conducted a survey of school teacher and support staff safety representatives in the second half of 2010. The survey was designed to establish the..
Online Published Date:
27 May 2011
Appeared in issue:
249 - 27 May 2011
Product Liability Risks For International Brand Owners Operating In China By Eugene Chan, Hoga Lovells Shanghai
By Eugene Chan, Hogan Lovells
Online Published Date:
27 May 2011
Appeared in issue:
249 - 27 May 2011
£9,500 settlement for slip and trip
A woman who fractured her hip after tripping over a poorly maintained grate in the road has received £9,500 in an out-of-court settlement. The victim had been walking to a nearby shop when her foot caught on the sunken drainage grid in the..
Online Published Date:
27 May 2011
Appeared in issue:
249 - 27 May 2011
£245,000 in an RTA out-of-court settlement
A young woman left with a permanent back injury after the car she was travelling in was involved in a serious collision, has received £245,000 in an out-of-court settlement. The woman was a front-seat passenger in her friend’s car when..
Online Published Date:
27 May 2011
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249 - 27 May 2011
Chartis to transfer asbestos liabilities to National Indemnity Company
Chartis has entered into an agreement with National Indemnity Company (NICO), a subsidiary of Berkshire Hathaway, under which the bulk of Chartis’ legacy asbestos liabilities will be transferred to NICO as part of Chartis’ ongoing..
Online Published Date:
27 May 2011
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249 - 27 May 2011
£40,000 in compensation for eye injury
A mechanic who was blinded in one eye when he was involved in an accident at work has received a settlement of £40,000 in compensation. Part of a machine he was working on broke off and struck him in the face, blinding him in one eye. He had..
Online Published Date:
27 May 2011
Appeared in issue:
249 - 27 May 2011
Rejection of call by banks for judicial review over PPI
The Financial Services Authority (FSA) was not constrained by the existence of statutory powers in s404 of the Financial Services and Markets Act (FSMA) 2000 from using other powers to deal with what it perceived to be the widespread mis-selling of..
Online Published Date:
27 May 2011
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249 - 27 May 2011
£100,000 compensation for serious brain injury
A man who sustained a serious brain injury when he was hit by a bus has received £100,000 in compensation. The elderly man was struck by the bus as he was crossing a road near to his home. He was rushed to hospital by ambulance, where he..
Online Published Date:
27 May 2011
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249 - 27 May 2011
Solicitors Regulation Authority proposed changes to Assigned Risks Pool
The Solicitors Regulation Authority (SRA) has announced a number of changes to the operation of the Assigned Risks Pool (ARP) following its recent consultation. The main changes are:
In October this year, the amount of time a firm can remain in the..
Online Published Date:
27 May 2011
Appeared in issue:
249 - 27 May 2011
£117,000 settlement for mesothelioma
A pensioner who developed mesothelioma because he was exposed to asbestos during his work as a plumber has received £117,000 in an out-of-court settlement. He was exposed to the asbestos during a job in the mid-1950, when he had to remove an..
Online Published Date:
27 May 2011
Appeared in issue:
249 - 27 May 2011
Assault and battery and contributory negligence
Where a claimant sued a defendant for damages for the torts of assault and battery then, as a matter of law, the defendant could not assert that there had been contributory negligence on the part of the claimant such that any damages awarded in..
Online Published Date:
27 May 2011
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249 - 27 May 2011
Employment Appeal Tribunal decision on effective date of termination
When a dismissal notice is given to an employee, the date it expires – the “effective date of termination” – can be important, according to Hogan Lovells, and this has been confirmed by a recent Employment Appeal Tribunal..
Online Published Date:
27 May 2011
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249 - 27 May 2011
£120,000 in compensation for leg injury
A man who was left with a serious leg injury following an accident at work has received £120,000 in compensation. The man was part of team working on the dismantling of a barn before it could be relocated. He was left with a permanent injury to..
Online Published Date:
27 May 2011
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249 - 27 May 2011
RoSPA urges radical approach to accident reporting
In its response to a consultation on the future of Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995, the Royal Society for the Prevention of Accidents (RoSPA) has urged a more radical approach to how accidents in..
Online Published Date:
27 May 2011
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249 - 27 May 2011
Inquiry into Health and Safety in Scotland launched
The Scottish Affairs Committee has launched a new inquiry into health and safety in Scotland. The committee said it is interested in:
The effectiveness of existing health and safety regulationin Scotland;
The roles and division of responsibilities..
Online Published Date:
27 May 2011
Appeared in issue:
249 - 27 May 2011
Largest number of claims brought under CNST from orthopaedic surgery
Orthopaedic surgery, not surprisingly, results in the largest number of claims brought under the Clinical Negligence Scheme for Trusts (CNST), with around 10,000 having been notified to the NHS Litigation Authority (NHSLA) since 1995, according to..
Online Published Date:
27 May 2011
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249 - 27 May 2011
Man sent to prison after exaggerating personal injury claim
A man who submitted a £1.35m claim for damages for injuries in a car crash has been sentenced to one year’s imprisonment after the courts found him guilty of contempt of court – when footage of him playing football revealed he had..
Online Published Date:
27 May 2011
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249 - 27 May 2011
New public sector equality duty welcomed
The Equality and Human Rights Commission (EHRC) said the introduction of the new public sector equality duty (PSED) “marks a milestone in equality law.” Part of the Equality Act 2010, the PSED will ensure public sector organisations have..
Online Published Date:
27 May 2011
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249 - 27 May 2011
More funding for councils to repair potholes
Councils have been told how they will benefit from the doubling of funding available for repairing potholes as announced in the last budget. Transport secretary, Philip Hammond, has written to all English local highway authorities to inform them of..
Online Published Date:
27 May 2011
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249 - 27 May 2011
Survey reveals link between cancer and conditions at work
A Nordic survey has shown a link between cancer and conditions at work.
The Nordic Occupational Cancer (Nocca) project reviewed some 2.8 million cases of cancer in the five Nordic countries: Iceland, Norway, Sweden, Finland and Denmark. The project..
Online Published Date:
27 May 2011
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249 - 27 May 2011
Teachers suffer prejudice-related bullying
One-third of teachers have suffered prejudice-related bullying within the past year, according to the findings of research commissioned by teachers’ union NASUWT.
For one in five of these teachers, bullying is a consistent feature of their..
Online Published Date:
27 May 2011
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249 - 27 May 2011
Settlement of £60,000 for hand injury
A carpenter who was seriously injured when using a defective circular saw at work has received a settlement of £60,000. The injury occurred when the automatic blade guard on the circular saw failed to engage to cover the rotating blade. As a..
Online Published Date:
27 May 2011
Appeared in issue:
249 - 27 May 2011
Citizens Advice produces report on paid holiday entitlement
A new report from national charity Citizens Advice has revealed tens of thousands of workers in low-paid, low-skilled jobs are being denied their legal right to take time off.
The report, “Give us a break!”, based on evidence from..
Online Published Date:
27 May 2011
Appeared in issue:
249 - 27 May 2011
FSA welcomes court’s dismissal of bankers’ PPI appeal
The Financial Services Authority (FSA) has welcomed the High Court’s dismissal of the British Bankers’ Association’s (BBA) and Nemo Personal Finance’slegal challenge to the FSA’s payment protection insurance (PPI)..
Online Published Date:
27 May 2011
Appeared in issue:
249 - 27 May 2011
Report into deaths from accidents or natural causes in water
More than 400 people died from accidents or natural causes in water across the UK in 2009, according to the first report from a new incident database. The Water Incident Database (WAID) was developed by the National Water Safety Forum (NWSF) to..
Online Published Date:
27 May 2011
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249 - 27 May 2011
Settlement of £7,000 for groin injury
A prison officer who was allocated a new job without any training and subsequently became injured has received an out-of-court settlement of £7,000. He was using a hydraulic pallet truck to move a pallet of CDs out of a dark storage container..
Online Published Date:
27 May 2011
Appeared in issue:
249 - 27 May 2011
Employers must provide protective clothing for damp conditions
Employers should provide employees working in damp conditions for prolonged periods with protective clothing, the High Court has ruled. Employers will now have to reconsider their policies and procedures relating to the use of personal protective..
Online Published Date:
27 May 2011
Appeared in issue:
249 - 27 May 2011
Survey into ‘no win, no fee’ claims
A survey of consumers has found 51% of respondents had received cold-calls or text messages from a ‘no win, no fee’ claims company, of whom just 6% had gone on to use their services. However, 28% of those said they were disappointed with..
Online Published Date:
27 May 2011
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249 - 27 May 2011
NHS clinical negligence fees questioned
A lawyer has questioned the figures used by justice secretary, Kenneth Clarke, on BBC Radio 4’s Today programme, and later used in an article in the British Medical Journal. Clarke told listeners: “I mean in 2008/09 the NHS did pay out..
Online Published Date:
27 May 2011
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249 - 27 May 2011
UCATT members win £7.1m in accident compensation in 2010
Construction union UCATT won £7.1m in accident compensation on behalf of its members last year, up from £6.35m of compensation awarded to UCATT members in 2009. UCATT also won more than £1.4m for members in employment tribunal awards..
Online Published Date:
27 May 2011
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249 - 27 May 2011
New law bans under 18s from using sunbeds
Businesses will face fines of up to £20,000 if they allow under-18s to use sunbeds following The Sunbeds (Regulation) Act 2010.
Over-exposure to UV rays has become the main cause of skin cancer. Despite this danger, the fashion for sunkissed..
Online Published Date:
27 May 2011
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249 - 27 May 2011
Lawyers must ‘improve, adapt and be flexible’, APIL’s new president says
Injured people face an “ever-tightening screw” and claimant lawyers must be “better at everything we do”, according to the new president of the Association of Personal Injury Lawyers (APIL). In his inaugural speech at the..
Online Published Date:
27 May 2011
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249 - 27 May 2011
Discrimination protection for philosophical beliefs
An employment tribunal, in Maistry v BBC, has held a belief in the “higher purpose” of public-sector broadcasting is a philosophical belief that qualifies for protection under the regulations prohibiting discrimination on grounds of..
Online Published Date:
27 May 2011
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249 - 27 May 2011
£8m financial package for cerebral palsy
A boy who was left severely disabled as a result of errors made by medical staff during his birth has been awarded an £8m financial package. He has cerebral palsy and spastic quadriplegia after he was deprived of oxygen during his birth. The..
Online Published Date:
27 May 2011
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249 - 27 May 2011
NHSLA facing potential “perfect storm” over costs of litigation
The Clinical Negligence Scheme for Trusts is facing a potential “perfect storm” according to Steve Walker, chief executive of the NHS Litigation Authority (NHSLA), as several factors loom on the horizon any of which will add to the costs..
Online Published Date:
27 May 2011
Appeared in issue:
249 - 27 May 2011
Resolving Workplace Disputes’ – Government proposals for reform of employment Resolving tribunal system: Responses
Institute of Directors
In its response to the consultation Resolving Workplace Disputes, the Institute of Directors (IoD) has argued the government’s proposed reforms to the employment tribunal system are flawed. The IoD said it does not..
Online Published Date:
27 May 2011
Appeared in issue:
249 - 27 May 2011
Insurers fail in challenge to Scottish Parliament’s pleural plaques legislation
Unions and plaintiff lawyers have welcomed the decision of the Scottish Inner House to dismiss a challenge by insurers to the Scottish parliament’s pleural plaques legislation.
A 2007 House of Lords decision ended compensation for those..
Online Published Date:
27 May 2011
Appeared in issue:
249 - 27 May 2011
ABI calls for curbs on rising cost of settling personal injury claims
Unless action is taken to curb the rising cost of settling personal injury claims, motor insurance premiums will continue to rise, the Association of British Insurers (ABI) has warned. The warning comes as figures released by the AA show the average..
Online Published Date:
27 May 2011
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249 - 27 May 2011
Employment Appeal Tribunal decision on unlawful sex discrimination
An employment appeal tribunal has rejected the appeal by Eversheds Legal Services against the finding in the employment tribunal in favour of their former employee, John de Belin, who successfully claimed unlawful sex discrimination when he was..
Online Published Date:
27 May 2011
Appeared in issue:
249 - 27 May 2011
New system to tackle uninsured driving announced
Road safety minister, Mike Penning, has laid the final regulations in parliament for a new system to tackle uninsured driving. Under Continuous Insurance Enforcement, it will be an offence to keep an uninsured vehicle, rather than just to drive when..
Online Published Date:
27 May 2011
Appeared in issue:
249 - 27 May 2011