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English footballers more prone to injury
Top footballers in England are more likely to be injured than their continental counterparts when the football season reaches its climax. This has been confirmed by a detailed statistical comparison between the Premiership in England and the German..
Online Published Date:
01 April 2005
Appeared in issue:
176 - 01 April 2005
Equitas in last major asbestos payment
Equitas has reached a settlement with its largest remaining direct claimant on asbestos reserves. The deal is reported to cost Equitas $415mn in a payment that will end its liabilities with US firm Babcock & Wilcox. Babcock & Wilcox came..
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01 April 2005
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176 - 01 April 2005
Call to reject asbestos compensation fund
Insurers in the US have urged Congress to reject the Fairness in Asbestos Injury Resolution Act which looks to establish a $140bn national asbestos compensation fund. AIG, Chubb, Liberty Mutual, Zurich and other insurers want Congress to focus on..
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01 April 2005
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176 - 01 April 2005
ATRA sees some states improving
A ranking of state liability systems reveals that states which were rated low in 2005 are also home to so-called “Judicial Hellholes”, according to the American Tort Reform Association (ATRA).
“We’re not surprised to see that..
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01 April 2005
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176 - 01 April 2005
P&I renewal round-up from Aon
A post-renewal bulletin from Aon PLF has reported on the P&I club 2005 renewals. The bulletin says that the renewal was pre-empted by certain critical drivers:
That underwriting deficits still needed to be corrected.
Investment income was..
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01 April 2005
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176 - 01 April 2005
LMA and European Commission reach agreement
The Lloyd’s Market Association (LMA) has reached an agreement with the European Commission on changes to the future operation of the London aviation insurance market.
The measures agreed include adjustments to the operation of the..
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01 April 2005
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176 - 01 April 2005
New PI facility from BIBA
BIBA has announced the launch of its new broker professional indemnity (PI) facility. Three specialist brokers have been accredited by BIBA to provide a range of professional indemnity insurance products exclusively for members:
Alexander Forbes..
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01 April 2005
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176 - 01 April 2005
Munich Re pulls out of certain US liability business
Munich Re is reported to be withdrawing from direct liability insurance with large customers in the US, according to report in the Financial Times. Munich Re said it did not expect to generate the necessary premiums in this area in the long term..
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01 April 2005
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176 - 01 April 2005
Insurers in talks over state fund for industrial diseases
The insurance industry is reported to be in talks with the Government over plans to establish a state-backed fund to cover industrial diseases. According to a report in the Times, Royal & SunAlliance (R&SA), has led the recent discussions..
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01 April 2005
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176 - 01 April 2005
Compensation Culture – Curbing the blame game
By John Jones, Aon
Individual cases must always be examined on their merits, but on aggregate it is safe to say that growth in compensation claims and payouts is not due to an overall increase in accidents. Some 60% to 70% of all compensation..
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01 April 2005
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176 - 01 April 2005
Directors’ and Officers’ Liability – Reducing the fear factor
By Adam Codrington , Aon
Premium inflation has led to increased underwriting capacity in the market. Whilst the number of claims is rising, together with claims’ average monetary value, the cost of insuring against them is holding steady or..
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01 April 2005
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176 - 01 April 2005
101 personal ways to get injured
Personal injury – it can happen in all sorts of strange ways. But melting pyjamas? Centipede stings? Volcanic eruptions? In the UK? Well, all of these feature in figures published by the Department of Health on accidents reported to hospitals..
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01 April 2005
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176 - 01 April 2005
New civil rules to improve court cases
The Lord Chancellor has announced plans to put all parties in cases involving the Crown on a level playing field and improve the way they are handled.
‘Civil Proceedings by or against the Crown - a Review of Civil Procedures Response to..
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01 April 2005
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176 - 01 April 2005
Government announces civil legal aid reforms
Legal aid Minister David Lammy has announced a package of reforms to legal aid for civil cases. Funding will be targeted on the most needy and deserving cases in order to protect the most vulnerable in society and to ensure best value for money,..
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01 April 2005
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176 - 01 April 2005
APIL poll on effect of small claims change
A recent MORI poll commissioned by the Association of Personal Injury Lawyers (APIL), found the majority of people surveyed would not seek justice through the courts if the Government had gone ahead with changes to the small claims court. MORI found..
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01 April 2005
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176 - 01 April 2005
No rise for small claims limit for personal injury
The Lord Chancellor has said that he will not raise the small claims limit for personal injury. “I have to say that I am not at all convinced that raising the small claims limit for personal injury is the answer,” said Lord Falconer...
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01 April 2005
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176 - 01 April 2005
Expanded NHS recovery scheme delayed until late 2006
The plan to expand the scheme for recovery of NHS costs to all cases where personal injury compensation is paid not just following road traffic accidents has been postponed. The Department of Health had planned to commence the expanded scheme on 1..
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01 April 2005
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176 - 01 April 2005
Liberty Mutual boosts pollution reserves
..
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01 April 2005
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176 - 01 April 2005
Liability costs contained by risk management
Improving risk management in the workplace is helping to contain liability insurance costs for many businesses, according to an ABI survey of its member companies. The rate of the average liability premium has fallen significantly compared with two..
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01 April 2005
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176 - 01 April 2005
DUAL extends deal with Arch
Specialist underwriting agency, DUAL International, has announced the extension of its exclusive partnership with Arch Insurance Company (Europe) Limited, which began in 2004. With effect from 1 April, DUAL will underwrite SME D&O, PI and..
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01 April 2005
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176 - 01 April 2005
Record compensation payments to teachers in 2004
Teachers were awarded a record £2mn in compensation payments in 2004, according to the NUT. The payments were in relation to accidents and attacks by pupils. The NUT said that while the majority of awards are below £10,000, several cases..
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01 April 2005
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176 - 01 April 2005
Schools must promote disability equality
The Secretary of State for Work and Pensions, Alan Johnson, has confirmed that schools will be subject to specific duties to promote disability equality. These duties will require schools to take action to improve outcomes for disabled children.
The..
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01 April 2005
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176 - 01 April 2005
New law on directors’ indemnities in force
The new law in relation to directors’ indemnities came into force on 6 April 2005. According to CMS Cameron McKenna, the law will permit companies to provide indemnities to their directors in relation to non-criminal liabilities to third..
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01 April 2005
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176 - 01 April 2005
Government issues draft Corporate Manslaughter Bill
The Government has set out new laws to prosecute companies and organisations whose gross failure at senior management level results in a fatality.
The draft Corporate Manslaughter Bill will update existing laws on corporate killing. The proposed new..
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01 April 2005
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176 - 01 April 2005
Independent administrators to sue KPMG
A report in The Independent newspaper says that the administrators of Independent Insurance are to sue its auditors, KPMG, for negligence over the collapse of the insurance company in 2001.
“The administrators claim that KPMG should have..
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01 April 2005
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176 - 01 April 2005
Zurich reduces PI rates for accountants
Zurich Professional has revised its professional indemnity insurance rates for accountants following a recent review of its pricing strategy for its book of accountancy PI business. The insurer said that it would be able to offer some firms premium..
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01 April 2005
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176 - 01 April 2005
MDU reveals million pound claims
The Medical Defence Union (MDU) has revealed that last year it paid seven patients more than £1mn for claims and legal costs made against GPs and hospital doctors in private practice. The MDU paid £4.3mn, the highest settlement made on..
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01 April 2005
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176 - 01 April 2005
Trade union legal services get backing of members
Trust in trade union legal services for members has been found to be at a record high, according to a survey commissioned by UNISON. The survey found that 90% of members would put their trust in trade union legal services over any other form of..
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01 April 2005
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176 - 01 April 2005
New guide to managing conflict at work
Managing conflict at work, which includes bullying, costs the average employer nearly 450 days of management time every year plus the additional costs such as lost productivity, sickness absence and higher than expected turnover of employees. This..
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01 April 2005
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176 - 01 April 2005
Workers concerned over disability
More than a quarter of British workers believe their boss would be unlikely to help them keep their job if they become disabled, according to a MORI poll for the Disability Rights Commission.
The poll found that 28% of non disabled workers felt..
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01 April 2005
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176 - 01 April 2005
HR professionals unprepared for stress problems
Employers are unprepared strategically, unprotected legally, and underinsured with regard to tackling the growing phenomenon of stress in the workplace. This is the conclusion of a survey report of 1,400 HR professionals undertaken by South East law..
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01 April 2005
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176 - 01 April 2005
RIDDOR review discussion document published
The Health and Safety Commission (HSC) has published an online discussion document as part of its review of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).
The HSC says, “A key element is to ensure that..
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01 April 2005
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176 - 01 April 2005
Noise – how low can you go?
Glastonbury Festival has announced that it will be hosting a ‘silent disco’ in an effort by organisers to adhere to noise restrictions imposed as part of its licence approval. Clubbers will be given a free set of headphones with bass,..
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01 April 2005
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176 - 01 April 2005
New regime for safe noise exposure
A report in the Independent says that employers who fail to curb the behaviour of very noisy staff face unlimited fines or even imprisonment under new health and safety regulations that the Government is planning to introduce next year.
According to..
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01 April 2005
Appeared in issue:
176 - 01 April 2005
Obesity may reduce life expectancy
Over the next few decades, life expectancy for the average American could decline by as much as five years unless aggressive efforts are made to slow rising rates of obesity, according to a team of US scientists.
The US could be facing its first..
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01 April 2005
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176 - 01 April 2005
EU to tackle rising obesity
The number of EU schoolchildren who are overweight is rising by about 400,000 per year. The data from the International Obesity Task Force (IOTF) claims the extent of Europe’s obesity problem may have been underestimated due to under reporting..
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01 April 2005
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176 - 01 April 2005
ABB in $1.43bn asbestos settlement
Swiss engineering group ABB has announced an agreement with plaintiffs’ attorneys to pay claimants $1.43bn covering asbestos claims in the US. The deal remains subject to the approval of the 100,000 plaintiffs in the case and a green light..
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01 April 2005
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176 - 01 April 2005
Insurers to appeal pleural plaques decision
Norwich Union and Zurich Insurance are to appeal against the recent pleural plaques court ruling. The court found that pleural plaques are capable of being compensated, but cut the levels of compensation.
However, the insurers are to appeal because..
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01 April 2005
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176 - 01 April 2005
BMJ study on passive smoking deaths
Passive smoking kills two employed people every working day in the UK, according to a study published online by the British Medical Journal (BMJ).
Using national UK databases, Professor Konrad Jamrozik calculated the number of deaths due to passive..
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01 April 2005
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176 - 01 April 2005
Nanotechnology
Ensuring the safe and ethical development of new technologies so that their benefits can be rapidly gained is a priority for the Government, said Lord Sainsbury, Science and Innovation Minister.
Speaking at the launch of the Science Museum’s..
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01 April 2005
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176 - 01 April 2005
Merck in arbitration with insurers over Vioxx
US pharmaceutical group Merck is reported to be in arbitration with several ‘upper level’ insurers over $630mn in insurance coverage for any Vioxx product liability claims. Merck is also reported to have said it carried about $190mn in..
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01 April 2005
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176 - 01 April 2005
WHO calls for reduced use of sunbeds
Sunbed use poses a risk of skin cancer, and no person under 18 years of age should use a sunbed, says the World Health Organization (WHO). The organisation says that it is known that young people who get burnt from exposure to UV will have a greater..
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01 April 2005
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176 - 01 April 2005
Avian flu update from UN health agency
Despite three more human cases of bird flu in Vietnam, bringing the total there since mid-December to 28, there is currently no evidence that the virus is spreading easily from person to person, according to the United Nations health agency’s..
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01 April 2005
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176 - 01 April 2005
MRSA infection rates at all time low
MRSA infection rates are at their lowest since recording began, according to the Government. Health Secretary, John Reid, said: “These latest figures show MRSA rates at the lowest since mandatory recording began - something we introduced in..
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01 April 2005
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176 - 01 April 2005
CRE funds local race equality services
The Commission for Racial Equality (CRE) has announced its decision to fund 86 providers of local race equality services amounting to £4mn. Under its Getting Results funding framework, the CRE is investing particularly heavily in casework..
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01 April 2005
Appeared in issue:
176 - 01 April 2005
Impact on voluntary and community sector
Lord Falconer has warned that the idea of a compensation culture can impact on the voluntary and community sector by discouraging people to give their time or by organisations restricting the activities people can do for fear, often a misplaced..
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01 April 2005
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176 - 01 April 2005
Whether employee suffered detriment when law in force
Where an employee made a complaint to an employment tribunal that he suffered detriment as a result of an act, or a deliberate failure to act by his employer, on the ground that he had made a protected disclosure, it was a question of fact for the..
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01 April 2005
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176 - 01 April 2005
No liability for negligent valuation
In the absence of assumption responsibility, the maker of a negligent actuarial valuation report relating to pension funds of a company was not liable for negligent misrepresentation to a purchasing company which, in reliance on the report,..
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01 April 2005
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176 - 01 April 2005
Vicarious liability for education officers
A mother sued the local authority for damages for failure to provide a suitable education for her child. Upholding the High Court’s decision, the Court of Appeal found that there had been no breach of duty of care for failure to re-assess and..
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01 April 2005
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176 - 01 April 2005
Statutory payments not administration costs
The statutory liability to pay compensation for redundancy or unfair dismissal to employees of companies in administration, following termination of their employment, was not an expense of the administration.
In re Allders Department Stores Ltd (in..
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01 April 2005
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176 - 01 April 2005
Tribunal reasons to be user friendly
The format and style of extended reasons to be given by employment tribunals had to be user friendly. The Court of Appeal allowed the appeal of the claimant against a decision of the Employment Appeal Tribunal which had allowed an appeal by her..
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01 April 2005
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176 - 01 April 2005
Inferring damage by asbestos
Pleural plaques resulting from penetration of asbestos fibres in the lungs caused by negligence of employers did not necessarily found a cause of action per se, but in certain circumstances there could be a foundation for an award of damages.
The..
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01 April 2005
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176 - 01 April 2005
No reduction for contributory negligence
A pedestrian was hit by a van whilst crossing the road. Liability was admitted subject to arguments for a reduction for contributory negligence. The junction was controlled by traffic lights with a right turn filter in the direction from which the..
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01 April 2005
Appeared in issue:
176 - 01 April 2005
Tort must be proved for employer to be liable
The tort of harassment was not complete unless the conduct of the alleged tortfeasor was intentional and was directed at another person on more than one occasion knowing that it would cause harassment to that person.
An employer was neither in..
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01 April 2005
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176 - 01 April 2005
Employer’s duty over harassment
An employer could be vicariously liable for a breach of statutory duty imposed only on his employee. In particular, an employer could be vicariously liable in the civil courts under section 3 of the Protection from Harassment Act 1997 for harassment..
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01 April 2005
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176 - 01 April 2005
Road accident victim wins £850,000
A man who suffered a severe spinal cord injury as a result of a road traffic accident has received an interim payment of £850,000. The man, then a teenager, was travelling in a car as a passenger when the driver lost control of the car and..
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01 April 2005
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176 - 01 April 2005
Trip and fall claimant wins £12,000
A woman in her eighties who tripped over an unmarked step and fell down, severely bruising her back, shoulder, and ribs, has received a settlement of nearly £12,000. She also suffered a hairline fracture of her thigh, and now suffers from..
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01 April 2005
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176 - 01 April 2005
£425,000 for man killed by trailer
The family of a man who died when he was crushed to death by a runaway trailer has been awarded £425,000. The man was a thalidomide victim and the legal dispute over the level of damages was based on the life expectancy and work potential of..
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01 April 2005
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176 - 01 April 2005
Cyclist gets £190,000 after accident
A man who was injured when he was knocked off his bicycle has been awarded £190,000. The man suffered multiple fractures and head injuries leading to memory loss. The payment was made by the lorry driver’s insurers on the basis of 75%..
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01 April 2005
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176 - 01 April 2005
Damages for nurse hit by car park barrier
A nurse who was struck on the head by a hospital car park barrier has been awarded £4,750 in damages. She had been pushing a wheelchair-bound patient and suffered concussion and muscle damage when the barrier came down on her.
She argued that..
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01 April 2005
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176 - 01 April 2005
Asbestos victim gets compensation
A man whose wife died from mesothelioma has received £107,500 in compensation. The woman was exposed to asbestos as a girl in the 1950s and early 60s when she sat on her father’s knee after he returned home from work from an asbestos..
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01 April 2005
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176 - 01 April 2005
£3.3mn for brain damaged boy
A boy who was born with brain damage has been awarded £3.3mn in compensation. The boy, now 10, suffered brain damage because the hospital staff failed to deliver him quickly despite signs of distress, resulting in oxygen starvation and..
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01 April 2005
Appeared in issue:
176 - 01 April 2005
Damages of £810,000 for car crash victim
A woman, who suffered serious head, facial and orthopaedic injuries when she was involved in a head-on car crash, has been awarded damages of £810,000 in an out of court settlement.
The woman was an accomplished horsewoman, competing at Olympic..
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01 April 2005
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176 - 01 April 2005
£45,000 settlement for lost finger
A Sheffield man has been paid £45,000 compensation by his employer after an accident at work in November 2001 in which he lost his index finger. The case was settled out of court, with the claimant’s employer admitting responsibility for..
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01 April 2005
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176 - 01 April 2005
Actor wins £7,500 for performance injuries
An actor who suffered a hernia and back, rib and hip injuries has received £7,500 in compensation. The man was injured during performances of Whistle Down the Wind at London’s Aldwych Theatre. The theatre company denied liability. The man..
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01 April 2005
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176 - 01 April 2005
Boston archdiocese settles with Lumbermens
Lumbermens Mutual Casualty, part of Kemper Insurance, is reported to have paid $20mn to the Archdiocese of Boston as settlement for claims relating to sexual abuse by priests. The archdiocese sued Lumbermens for $59mn in 2004 for its alleged failure..
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01 April 2005
Appeared in issue:
176 - 01 April 2005
£950,000 compensation for hospital death
The family of a man who died from septic shock after a routine bowel operation has been awarded £950,000 in compensation. The man suffered from Crohn’s disease and had bowel surgery. But he later suffered from abdominal pain, nausea,..
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01 April 2005
Appeared in issue:
176 - 01 April 2005
£4.4mn for paralysed motorcyclist
A motorcyclist has been awarded £4.4mn in damages after he was hit by car. He suffered multiple fractures to his pelvis and legs and spent a year in hospital, and must now use a wheelchair for life. The driver of the car was an 83-year-old man..
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01 April 2005
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176 - 01 April 2005
Racial harassment and discrimination award
A council worker who suffered racial harassment and discrimination has been awarded £82,000 compensation. The housing officer was passed over for promotion seven times during a two-year period. She had challenged a decision to house a white..
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01 April 2005
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176 - 01 April 2005
$17.1mn award against tobacco firm
Philip Morris has been ordered to pay $17.1mn in punitive damages to a woman who claimed that the tobacco firm had failed to warn her about the dangers of smoking. The 72 year old woman has lung cancer, and began smoking before warning labels went..
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01 April 2005
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176 - 01 April 2005
£20,000 compensation for pregnancy discrimination
A teacher who was made redundant without her knowledge whilst on maternity leave has received £20,000 compensation in a settlement with her employer who admitted discrimination on the grounds of pregnancy. She became pregnant and requested..
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01 April 2005
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176 - 01 April 2005
Law firm acting for coach crash victims
Irwin Mitchell has announced that it has been instructed by a number of passengers injured in the coach crash at Duerrnberg bei Hallein, 10km south of Salzburg on 10th August 2004.
Forty of the 49 people onboard the coach suffered injury and five..
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01 April 2005
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176 - 01 April 2005
WorldCom D&O claim settlement
A number of directors & officers liability insurers are reported to be covering $35mn of a $55.25mn settlement of a class-action lawsuit filed by investors of bonds issued by failed telecommunications group WorldCom. Eleven former WorldCom..
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01 April 2005
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176 - 01 April 2005
Duty of care breached by failure to advise of risks
The family of a woman who died of breast cancer after medical negligence is to receive a six-figure sum. The woman was a health visitor who worked for the NHS for 34 years and was diagnosed with breast cancer in 2002. Her case was taken up by her..
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01 April 2005
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176 - 01 April 2005
Award for roof-fall boy
A brain-damaged boy has won damages against a council over an accident at a youth club. The 12 year old boy fell through a skylight and suffered brain damage. The council denied liability and said that because the boy had not paid his £1 club..
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01 April 2005
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176 - 01 April 2005
D&O settlement in Hollinger case
American Home Assurance (AHA) has agreed to pay $50mn on behalf of some of the ex-directors of Canadian publishing group Hollinger. The settlement of directors’ and officers’ policies relates to claims that non-executive directors were..
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01 April 2005
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176 - 01 April 2005
BNP loses claim over trade union expulsion
The treasurer of the British National Party (BNP), who was expelled from a trade union, has lost his claim for £60,000 compensation. He had claimed he was discriminated against by the Transport & General Workers’ Union..
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01 April 2005
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176 - 01 April 2005
Costs reduction in dyslexia school case
A man may lose his damages award after the Court of Appeal reduced the legal costs awarded to him. The man won £38,000 in damages because his dyslexia was not treated at school, and a psychologist failed to diagnose his special needs.
The..
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01 April 2005
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176 - 01 April 2005
May Day protest couple lose damages claim
Two people who were at the May Day protests in 2001 have lost their damages claim against the Metropolitan Police. They were detained for several hours, which the two claimed breached the Human Rights Act. They alleged false imprisonment after they..
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01 April 2005
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176 - 01 April 2005
Time’s up for claims management companies
They were given a chance to clean up their act, but it seems that claims management companies have been unable to convince the government that voluntary self-regulation is the way forward. Secretary of State For Constitutional Affairs and Lord..
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01 April 2005
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176 - 01 April 2005