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- Home/Publications/Liability Risk and Insurance
It’s what you do with it that counts!’
On 1 January 2000, Clifford Chance broke the billion-dollar revenue barrier and became the world’s largest law firm, carrying through mergers with US firm Rogers & Wells and Germany’s Punder Volhard Weber & Axster. Chairman Keith..
Online Published Date:
01 February 2000
Appeared in issue:
115 - 01 February 2000
Financial services voluntary accreditation
An independent body, the Pensions Protection and Investments Accreditation Board, is to be set up by insurance, investment and pension companies. Standards will be set by the nine board members working in consultation with consumer groups and..
Online Published Date:
01 February 2000
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115 - 01 February 2000
Road accident arbitration
A scheme for arbitration, where there is no personal injury, is to be launched by the Road Traffic Arbitration Scheme (ROTAS) in January 2000. To be adjudicated by people of County Court level, it is hoped to reduce time and costs for insurers and..
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01 February 2000
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115 - 01 February 2000
Anderson Kill launches consulting firm
Policyholder law firm Anderson Kill & Olick has formed a subsidiary to advise policyholders on maximising insurance recovery without litigation. Anderson Kill Insurance Services of New York will handle all aspects of insurance planning and..
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01 February 2000
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115 - 01 February 2000
Merger forms largest civil law set
The merger of two leading insurance sets – at 1 Paper Buildings and 2 Crown Office Row – as Crown Office Chambers on 28 April will produce the largest civil law set in London. Core work for the 73 practising members and 15 silks will be..
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01 February 2000
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115 - 01 February 2000
Kennedys gains insurance business
Following the dissolution of Edward Lewis, law firm Kennedys will gain much of its insurance litigation business, along with a team of up to 18 lawyers. Key clients, including Zurich/Eagle Star, for whom Edward Lewis was a panel member, T&N and..
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01 February 2000
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115 - 01 February 2000
Costly support
The failure of the libel action brought by Neil Hamilton against Mohamed Al Fayed leaves a question mark over who shall pay the costs, particularly those of Mr Al Fayed estimated at between £1.5 and £2mn. Mr Justice Morland has ordered..
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01 February 2000
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115 - 01 February 2000
Small claims fee reduced
The much-criticised £80 fee, introduced with other civil justice reforms last year, has been abolished for claims under £1,000 in value, but the fee payable on claims has been raised by £5. This brings the cost of an action for..
Online Published Date:
01 February 2000
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115 - 01 February 2000
Conditional confusion
The stance taken by the Court of Appeal in Geraghty & Co v Awad Awwad,
along with the Divisional Court ruling in Wells v Barnsley,
throws the status of certain conditional fees into question. This is particularly because the Court of Appeal..
Online Published Date:
01 February 2000
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115 - 01 February 2000
Industrial injuries benefit phase-out?
Informal talks have been held between the Department of Social Security, CBI, TUC and ABI. This is with a view to ending the industrial injuries benefit scheme, set up 50 years ago mainly to service nationalised industries. The Social Security..
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01 February 2000
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115 - 01 February 2000
Insurer shortlist drawn up
A shortlist of insurers and a draft of minimum terms of cover for solicitors have been drawn up, keeping the new scheme for solicitors’ professional indemnity on line for September 2000. Participating insurers will have to agree not to lower..
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01 February 2000
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115 - 01 February 2000
E-commerce liability scheme
..
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01 February 2000
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115 - 01 February 2000
CrisisResponse
American International Group (AIG) has enhanced its Umbrella Elite policy with CrisisResponse, which can advance to policyholders up to US$250,000 for expenses for which they may become legally liable resulting from a covered major casualty..
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01 February 2000
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115 - 01 February 2000
Zurich offers environmental cover in London
Zurich US and Zurich Specialties London will jointly offer environmental risk capabilities in London as well as the US. This expansion, headed by Kathleen Dwyer, aims to provide a global infrastructure by which environmental products can be..
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01 February 2000
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115 - 01 February 2000
Pilots’ protection
The marine division of specialist insurer Hiscox has produced a package to protect marine pilots against legal liability, personal accident and loss of licence. This is in response to the increase of pilot risks, exemplified by the aftermath of the..
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01 February 2000
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115 - 01 February 2000
General liability for aviation premises
Targeting smaller manufacturers, AIG Aviation has put together a general liability insurance programme for customers with both aviation and non-aviation products and premises.
The Aeroparts Program removes the need for two separate general liability..
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01 February 2000
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115 - 01 February 2000
New non-marine liability syndicate
Trinity Syndicates has been given the go-ahead to create a new non-marine liability syndicate, syndicate 2525, for the year 2000 account. This move follows the acquisition of Trinity Syndicates by a consortium of investors led by CBS Insurance..
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01 February 2000
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115 - 01 February 2000
QBE takes over Iron Trades
Australian insurer QBE Insurance, already operating in more than 30 countries, has moved into the UK market with the 100% acquisition of Iron Trade Insurance. Following failed talks with Limit (of Lloyd’s), the purchase of Iron Trades has gone..
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01 February 2000
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115 - 01 February 2000
Sir William objects to unlimited liability
Leading litigant Sir William Jaffray has pulled out of the United Names Organisation (UNO), the group of individuals who refused to accept Lloyd’s settlement terms for losses dating from the 1980s, alleging that Lloyd’s engaged in..
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01 February 2000
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115 - 01 February 2000
Holocaust settlement in sight
Estimates of surviving victims of Nazi Germany’s systematic use of forced labour range from 1mn to 2.3mn, of whom somewhere between 100,000 and 240,000 are resident in the US. Others were brought in from the former Soviet Union and eastern..
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01 February 2000
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115 - 01 February 2000
BCCI payout
Auditors have paid a record-breaking settlement to BCCI liquidators. Price Waterhouse has paid US$95mn and Ernst & Young US$30mn. A further US$70mn has been paid by the government of Abu Dhabi, effectively preventing countersuit from..
Online Published Date:
01 February 2000
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115 - 01 February 2000
Auditor sued for off-sheet losses
Receivers of bankrupt Japanese brokerage Yamaichi are suing the company’s accountant, Chuo Audit, for failing to spot off-balance sheet losses. Although affiliated to PricewaterhouseCoopers (PwC), PwC says it is immune from the action, which..
Online Published Date:
01 February 2000
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115 - 01 February 2000
No full review of ‘unacceptable’ mortgage endowments
The Financial Services Authority (FSA), to a great extent on grounds of cost estimated at £5mn (£1,000 per policyholder), has ruled out a full-scale review of the mortgage endowment market.
Public disquiet has been growing as it becomes..
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01 February 2000
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115 - 01 February 2000
FSA guidelines to change
The Financial Services Authority (FSA) has told life assurers and financial advisers to stop work on around one-third of all cases, having found a flaw in its guidelines. This links to falling interest rates and applies to younger investors..
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01 February 2000
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115 - 01 February 2000
An end to 1980s property recession claims?
Richard Powell, a solicitor with national law firm Beachcroft Wansbroughs, looks at the phenomenon of continuing claims against professionals.
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01 February 2000
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115 - 01 February 2000
Armageddon taskforce
One of the first UK governmental actions of the 21st century is the establishment of a taskforce to study and make recommendations on the hazard of ‘near-earth objects’. Chaired by Harry Atkinson, a member of the Science &..
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01 February 2000
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115 - 01 February 2000
Nothing much
Expectations of millennial mayhem did not materialise. The Gambia suffered some serious disruption of services for a few hours and a US nuclear store suffered a minor – though risk-free – malfunction but the greater fear of problems at..
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01 February 2000
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115 - 01 February 2000
Japan to return nuclear fuel
..
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01 February 2000
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115 - 01 February 2000
Japan raises nuclear accident insurance levels: some Tokai payments agreed
Insurance for nuclear fuel facility accidents, such as that in Tokai Village last September, has been increased from ¥1bn to ¥12bn for facilities that process uranium at a concentration of more than 5%. Not effective until 1 January 2000,..
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01 February 2000
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115 - 01 February 2000
First fine under 1993 nuclear act
The company that runs the Atomic Weapons Establishment at Aldermaston was fined £17,500 by Newbury magistrates for three counts of pumping radioactive waste into a tributary of the River Thames. This the first such fine under the 1993..
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01 February 2000
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115 - 01 February 2000
Nuclear utilities coverage
Ace Bermuda and Nuclear Electric Insurance (NEIL) are to market property, business interruption and third-party liability insurance to non-North American nuclear utilities. In particular they will jointly target utilities currently insured under..
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01 February 2000
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115 - 01 February 2000
Aviation losses drop in 1999
Leading aviation loss adjuster Airclaims has made known figures for commercial aviation losses in 1999. Insurance payments were down from US$1.9bn in 1998 to US$1.8bn; the number of passenger deaths also declined to 512, less than half the..
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01 February 2000
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115 - 01 February 2000
More SilkAir suits filed in Delaware
A further 15 suits have been filed by relatives of 104 passengers who died in the December 1997 crash of the Boeing 737 SilkAir flight Ml 185 from Jakarta to Singapore. These echo the charges already laid by David Beevers, seeking unspecified..
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01 February 2000
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115 - 01 February 2000
Korean crash (with uranium) at Stansted
On 22 December, Korean Air flight 8509 crashed in woods just after takeoff from Stansted airport in Essex, bursting into flames and killing all four crew.
Carrying 64 tons of cargo for Milan, the Boeing 747-200 was also carrying several hundred..
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01 February 2000
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115 - 01 February 2000
Axa gains one up on mutuals
Among players seeking to wrest market share from the mutuals, Axa Global Risks has gained approval from the US Coast Guard National Pollution Funds Centre to provide pollution guarantees for ships calling at US ports.
Axa aims to build a portfolio..
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01 February 2000
Appeared in issue:
115 - 01 February 2000
Old pollution
Seven years after the Braer
ran aground on the southern tip of Shetland, more than 200 claimants are waiting for compensation in the knowledge that there is not enough money allocated by the International Oil Pollution Compensation Fund (IOPC) to..
Online Published Date:
01 February 2000
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115 - 01 February 2000
Estonia
bomb theory revives
A report from a group of German experts led by Dr Peter Holtappels presents evidence that a number of small explosions were at least partly responsible for the sinking of the Estonia
in 1994 with 852 deaths. This is along with poor maintenance (150..
Online Published Date:
01 February 2000
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115 - 01 February 2000
Norwegian authorities criticised
The grounding of another high-speed catamaran ferry, the Baronen,
though without fatalities thanks to aid from the fire service and other vessels, has brought more criticism onto the Norwegian Maritime Directorate, as night vision equipment was not..
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01 February 2000
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115 - 01 February 2000
Bosporus tanker pollution
Russian oil tanker Volgoneft 248
sank at the mouth of the Bosporus strait, spilling 235,000 gallons of fuel oil. Carrying more than 4,300 tons of oil in four containers, salvage teams hope to siphon off most of this. Already much of the spilled oil..
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01 February 2000
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115 - 01 February 2000
Erika
The loss of the tanker Erika
in December 1999 off the coast of Britanny has released far more than the oil now polluting miles of sandy holiday beaches. Minimisation and alleged slowness of action were – inevitably – followed by..
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01 February 2000
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115 - 01 February 2000
Norwegian train drivers boycott line
Train drivers started a boycott of the line where two trains collided near Aasta, with at least 19 dead in the following inferno, after one of the drivers had passed a red light. They claim the signalling system in inadequate.
Commenting on the..
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01 February 2000
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115 - 01 February 2000
‘Paddington’ executives given immunity
Rail executives giving evidence to the public inquiry on the Paddington rail crash are to enjoy protection from potential self-incrimination. This was confirmed by attorney-general Lord Williams of Mostyn QC to enable the inquiry to proceed more..
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01 February 2000
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115 - 01 February 2000
AIG may share in Paddington payout
Immediately after the October crash of Great Western & Thames trains, with 31 deaths, insurer St Paul announced its insurance involvement with both, for rolling stock and liability.
Now concentration on the role of signal 109 and its lack of..
Online Published Date:
01 February 2000
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115 - 01 February 2000
Warning of more train signal deaths
Andrew Evans of University College London, in a study compiled with assistance from Railtrack and published in the New Year edition of Modern Railways,
suggests missed warning signals will lead to collisions or derailments every year, with many..
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01 February 2000
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115 - 01 February 2000
No Camelford inquiry
An independent public inquiry into the contamination of drinking water with aluminium sulphate, leading to various levels of long-term damage to 400 people, has been ruled out by the government. A low-key announcement just before Christmas has given..
Online Published Date:
01 February 2000
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115 - 01 February 2000
Review of pollution sanctions
In the wake of the Sea Empress
environmental disaster and eight months after Lord Donaldson of Lymington’s report, shipping minister Keith Hill has announced a review of the present law of maritime pollution to be carried out by Colin Ingram..
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01 February 2000
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115 - 01 February 2000
Insurers ready for new pollution coverage
A meeting of parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Waste and their Disposal was presented with a survey indicating that insurers are able to meet any increased demand for pollution coverage arising..
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01 February 2000
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115 - 01 February 2000
Lockheed Martin’s pollution claim dismissed
The California Santa Clara County Superior Court has dismissed the claim by Lockheed Martin Corp for US$400mn insurance coverage for pollution cleanup at its former facility in Burbank, California. Liability insurers – including..
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01 February 2000
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115 - 01 February 2000
Openness at interview
A prospective employer, as well as applicant, needs to be honest at interview.
At a job interview in 1996, Phil McConkey sought reassurance from Frank Zarb (then-chairman of brokerage firm Alexander & Alexander) on rumours of possible takeover...
Online Published Date:
01 February 2000
Appeared in issue:
115 - 01 February 2000
Antigun suit dismissed
A Florida Circuit Court has dismissed Miami-Dade County’s lawsuit against the gun industry a few days after a Connecticut court did likewise. So far, of the 19 suits filed by 28 cities and counties, one (in Atlanta) has been allowed to proceed..
Online Published Date:
01 February 2000
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115 - 01 February 2000
Compensation cut, punitive damages stand
A US$262.5mn award against DaimlerChrysler has been cut by US$3.5mn (actual compensation cut to US$9mn) by judge Falcon Hawkins of the US District Court in Charleston, South Carolina.
The motor manufacturer was found liable for the death..
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01 February 2000
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115 - 01 February 2000
Top 10 jury verdicts total US$9bn
According to figures published in the 10 January issue of Lawyer’s Weekly USA,
the top 10 jury verdicts in 1999 totalled US$9bn, triple the 1998 figure, itself 12 times as high as for 1997. These are awards made to individuals and exclude..
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01 February 2000
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115 - 01 February 2000
Employer liable for after-work accident
A Quebec jury has held an employer 30% liable for injuries sustained by a worker, John Flynn, driving home while drunk. This was despite the employer not having supplied the alcohol and he not showing signs of intoxication while at work. He had gone..
Online Published Date:
01 February 2000
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115 - 01 February 2000
New deafness scale
The Irish Supreme Court has set out a new scale of payments for members of the armed forces suing for deafness. This stands at slightly less than l£1,000 for every percentage of deafness, well down from the l£1,500 applied in an earlier..
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01 February 2000
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115 - 01 February 2000
Employment Relations Act 1999
Explanatory notes relating to the Employment Relations Act 1999 have now been issued by the Stationery Office. Running to 97 pages, they contain the caveat that they ‘do not form part of the act and have not been endorsed by..
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01 February 2000
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115 - 01 February 2000
Workplace equality directive approved
The European Commission has approved a directive whereby member states must set up a system of ‘proportionate and persuasive’ legal sanctions to protect employees from discrimination on grounds of sexual orientation, age or religion...
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01 February 2000
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115 - 01 February 2000
Parental leave regulations in force
Operative from 15 December 1999, parents of children born on or subsequent to that date will be entitled to 13 weeks’ unpaid leave during the first five years – this with 21 days’ notice and in multiples of whole weeks (subject to..
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01 February 2000
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115 - 01 February 2000
Differing standards for the highly paid
Aisling Sykes alleged sex discrimination against J P Morgan in that she was required to work for up to 17 hours a day as a senior City banker, despite seeking to have a working schedule allowing her to to spend time with her four children. She did,..
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01 February 2000
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115 - 01 February 2000
‘Discriminatory thinking’
The Ashford industrial tribunal found EuroTunnel guilty of ‘discriminatory thinking’ in relation to French-born Michele Fox. After she was made redundant from her £35,000-a-year job as a community relations manager, EuroTunnel then..
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01 February 2000
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115 - 01 February 2000
Radon settlement
In respect of allegations that exposure to radon while at work led to Frances Stanbrook’s husband’s death from lung cancer in 1990, Laporte Industries has reached a ‘substantial’ settlement with her, supported by her..
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01 February 2000
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115 - 01 February 2000
‘Innocent officers traumatised’
Sir Paul Condon, retiring Commissioner of the Metropolitan Police, says the Stephen Lawrence murder and aftermath was ‘also a tragedy for the police service’ in that up to a dozen innocent officers were so traumatised by the Macpherson..
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01 February 2000
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115 - 01 February 2000
Stress ‘award’
Widely headlined in the media as an ‘award’, the payment of £203,432 to site warden Randal Ingram for the effects of workplace stress was in fact another ‘settlement’. Yet despite the lower ‘case law’..
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01 February 2000
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115 - 01 February 2000
Case update
Subject No snow
Result Holidaymakers hoping to ski in Austria last February found the snow so heavy that skiing was impossible – in fact, hotels imposed a curfew for their safety; they were flown home early.
They sought compensation in that..
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01 February 2000
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115 - 01 February 2000
Tobacco update
A London-based croupier
seeks damages for occupational asthma allegedly caused by inhaling secondhand smoke. He argues that his employers did not provide a safe working environment.
UK advertising regulations to stand
(see Case Update) at least..
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01 February 2000
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115 - 01 February 2000
Heart death payments
Payments to 31 of the families of children who died during or after operations at the Bristol Royal Infirmary have been agreed at a total of £600,000. A further 170 claims are outstanding, including 58 from those where the infant survives in..
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01 February 2000
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115 - 01 February 2000
AHP ups Fen-Phen settlement
Having already agreed to pay up to US$3.75bn to settle lawsuits, American Home Products (AHP) has now raised this to US$4.83bn. If accepted, this will cover the majority of claims against AHP.
This came a few hours after a Mississippi jury..
Online Published Date:
01 February 2000
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115 - 01 February 2000
Dow Corning reorganisation under threat
Women who opted out of the silicone breast implant US$3.2bn settlement have been granted leave to sue corporate parents Dow Chemical and Corning Corp. Judge Arthur Spector in the bankruptcy court said he lacked the power to grant a release to..
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01 February 2000
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115 - 01 February 2000
Debriefing danger
Following earlier expressions of doubt of the value of trauma counselling by academics and others, the British Psychological Society has expressed doubts on the benefits of subsequent intensive debriefing.
Trauma counselling has become widespread..
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01 February 2000
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115 - 01 February 2000
Awards and settlements
Radon exposure
at work leads to ‘substantial’ settlement with widow of Derbyshire fluorspar miner. See Employment Affairs.
Stanbrook v Laporte Industries, settlement, Financial Times, 16 January 2000
Stress claim nets £203,000..
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01 February 2000
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115 - 01 February 2000
BSE, CJD and OPs
At the end of the public inquiry into BSE,
Lord Justice Phillips said the full extent of the disaster may not become clear for years. The inquiry, which ran for two years at a cost of £26mn, scrutinised events over the 10 years up to 20 March..
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01 February 2000
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115 - 01 February 2000
‘Class action’ on Monsanto seed policies
A prospective class action on behalf of farmers worldwide – headed by six US and French farmers – has been filed in the Federal District Court in Washington against Monsanto and other biotech companies worldwide.
Seeking unspecified..
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01 February 2000
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115 - 01 February 2000
EC plans for independent authority
A 30-page European Commission (EC) white paper on food safety envisages the establishment of a European food safety authority by 2002. This is in response to a loss of confidence from such events as the contamination with dioxin, use of sewage in..
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01 February 2000
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115 - 01 February 2000
Mobile phone safeguards
Responding to public concern, the Swiss government has issued new rules, setting a ceiling on non-ionising radiation from mobile phone mast transmitters. The Swiss telecoms association Protelecom claimed these were 10 times tougher than in..
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01 February 2000
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115 - 01 February 2000
Japanese foot scam
More than 1,000 former followers of religious organisation Hono Hana Sanpogyo (known as Heavenly Energy) have launched lawsuits, alleging they were tricked out of money by (dire) future predictions based on examination of the soles of their feet...
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01 February 2000
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115 - 01 February 2000
Redundancy claims against Prudential
Hundreds of claims are in preparation against Prudential, arising from its latest reorganisation of face-to-face selling operations. The National Union of Insurance Workers (NUIW) – which has recently voted to join the professional union MSF..
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01 February 2000
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115 - 01 February 2000
Australian small plane owners’ contaminated fuel claims
A A$15mn fund has been established to assist Australia’s 5,000 small plane operators after Mobil admitted liability for contaminated fuel that has put many small aircraft in Australia out of action. Payments will be limited to A$10,000..
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01 February 2000
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115 - 01 February 2000
AMEC families to sue
The families of three men killed in an explosion at an offshore yard when pressure-testing a pipe are to sue AMEC. Both AMEC and a subcontractor were prosecuted by the Health & Safety Executive (HSE) for breach of health and safety law and fined..
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01 February 2000
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115 - 01 February 2000
Lawrence parents sue
The parents of murdered teenager Stephen Lawrence are suing 42 serving and former officers of the Metropolitan Police, including commissioner Sir Paul Condon, under the Race Relations Act, based on section 20, which allows actions for discrimination..
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01 February 2000
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115 - 01 February 2000
Offer of reinstatement
The 39 former servicemen and women currently suing the Ministry of Defence, having been sacked because they were gay, are to be offered reinstatement in their former jobs following the formal lifting of the ban on their armed forces service. This is..
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01 February 2000
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115 - 01 February 2000
Action on bullying
The parents of six-year-old Stefanie Stewart plan to take legal action against Kings Lodge Primary School in Chippenham for failing to introduce a bullying protection policy, as recently made mandatory for state schools.
Their complaint that she had..
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01 February 2000
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115 - 01 February 2000
‘What about the workers?’
Despite ever more complex communications technology, the catchphrase of half a century ago is still apposite – the individual can throw a massive spanner of litigation into the corporate works.
Work-induced stress, bullying, injury to..
Online Published Date:
01 February 2000
Appeared in issue:
115 - 01 February 2000