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Seatbelts v body fat
The use of seatbelts in motor vehicles has, of course, dramatically reduced the number of serious injuries in road accidents. However, motor insurers will be appalled to note that some people aren’t using their seatbelts. Specifically, very..
Online Published Date:
01 January 2008
Appeared in issue:
209 - 01 January 2008
Corporate Manslaughter: A new risk to your business?
By Rachel Conran, Allianz Global Corporate & Specialty
Online Published Date:
01 January 2008
Appeared in issue:
209 - 01 January 2008
Mobile Doctors acquires Medi-fiche
Mobile Doctors, the provider of medical reports for use in personal injury, medical negligence, employer and public liability cases, has announced the acquisition of Medi-fiche in a £1.2mn deal. Medi-fiche, which was founded in 2001 and..
Online Published Date:
01 January 2008
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209 - 01 January 2008
Shortage of credible expert witnesses predicted
Law firm Browne Jacobson is predicting a shortage of credible expert witnesses to defend against the raft of claims expected next year as the credit squeeze continues to affect financial and property markets in the UK.
Nik Carle, partner at the..
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01 January 2008
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209 - 01 January 2008
Increased limitation period proposed in Scotland
The Scottish Law Commission has recommended that the limitation period for personal injury actions be extended from three years to five years – in a move which it says is aimed at helping claimants and their representatives. The recommendation..
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01 January 2008
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209 - 01 January 2008
Reform of tribunals system proposed
Radical reforms to modernise the tribunals system have been set out in a consultation by the Ministry of Justice. The reform of the system began in April 2006 with the creation of the Tribunals Service, which brought together the administration of..
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01 January 2008
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209 - 01 January 2008
Racehorse owners urged to buy third party cover
The UK’s Racehorse Owners Association (ROA) has included third party liability insurance as a new benefit in its annual membership from 1 January 2008, as a result of a case due to reach court during 2008. The ROA is warning that racehorse..
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01 January 2008
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209 - 01 January 2008
DAS on claims settlement times
Legal expenses insurer DAS has said: “One year on from the Rogers v Merthyr Tydfil
test case, in which the Court of Appeal upheld the DAS 80e staged premium model, improvements in claims settlement times and ATE premium payments can easily be..
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01 January 2008
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209 - 01 January 2008
Claims Management Regulation: Fee Levels 2008-09
The Ministry of Justice has published the responses to its consultation on “Claims Management Regulation: Fee Levels 2008-09”. In its conclusion, the MoJ said: “The issue of fees payable to become authorised to provide the..
Online Published Date:
01 January 2008
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209 - 01 January 2008
Work drivers and traffic injuries
At least one in four road deaths in Britain (26%) involves someone driving for work, according to Department for Transport (DfT) statistics uncovered by road safety charity Brake. In 2006, 858 people were killed and 6,622 were seriously injured in..
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01 January 2008
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209 - 01 January 2008
Union warning over dirty ambulances and superbugs
Dirty ambulances could help the spread of MRSA and other superbugs, UNISON has warned. A recent investigation carried out by the union shows that the cleaning of ambulances is haphazard and inadequate in some parts of the country.
”Ambulance..
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01 January 2008
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209 - 01 January 2008
DoH report into rates of MRSA
The Department of Health has produced a report examining the variation in rates of MRSA between different hospitals between 2001 and 2006, and looking at the factors which have contributed to a 27% fall in the probability that a patient will acquire..
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01 January 2008
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209 - 01 January 2008
No-win-no-fee affecting equal pay reviews
New research published by the Local Government Employers organisation has revealed that half of all councils have now undertaken equal pay reviews, but the ability of local authorities to undertake these reviews is being hampered by the impact of..
Online Published Date:
01 January 2008
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209 - 01 January 2008
Teacher compensation figures in Scotland
The Educational Institute of Scotland (EIS), the largest teaching union in Scotland, has revealed that Scotland’s education authorities and educational establishments have paid out over £250,000 in compensation and legal expenses as a..
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01 January 2008
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209 - 01 January 2008
E&O threat to US real estate professionals
Guy Carpenter has published “What’s the State of Your State? E&O Risk Uneven across the Country”, a state-by-state overview of the threat of errors & omissions (E&O) litigation on US real estate professionals. The..
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01 January 2008
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209 - 01 January 2008
Review of business health and safety laws
The Chancellor Alistair Darling has launched a major review of business health and safety laws. The review will ask employers, workers and experts for their views on how the health and safety system can be revamped, focusing on small and low risk..
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01 January 2008
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209 - 01 January 2008
Calls for study into air crew fatigue
The House of Lords Science and Technology Committee has called for a study into the long term affects of fatigue on air crew. As part of its “Science and Technology - First Report”, the Committee examined the issue of “Air Crew..
Online Published Date:
01 January 2008
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209 - 01 January 2008
Aon’s P&I Pre-renewal Report 2007
The surge in costly P&I (protection & indemnity) pool claims in 2006 could be a sign of the times as booming shipping operations become more expensive, according to Aon’s P&I Pre-renewal Report 2007. In anticipation, P&I clubs..
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01 January 2008
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209 - 01 January 2008
Americans urged to test for radon in the home
The US Environmental Protection Agency (EPA) and the US Surgeon General have urged Americans to test their homes for radon, a cancer-causing radioactive gas that claims tens of thousands of lives each year.
Radon is the leading cause of lung cancer..
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01 January 2008
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209 - 01 January 2008
Emerging biological risks affecting workers
The European Risk Observatory has produced a report which identifies emerging biological risks that are most likely to affect workers in the EU. Farmers, healthcare workers or people in evolving industries such as waste treatment are particularly at..
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01 January 2008
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209 - 01 January 2008
Swiss Re on Environmental Liability Directive
Swiss Re has said that the new liability regime in Europe, brought about by the EC Environmental Liability Directive (ELD), may provide business opportunities for insurers.
Swiss Re explained that the prime objective of the legislation is to make..
Online Published Date:
01 January 2008
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209 - 01 January 2008
2007 Update on US Tort Cost Trends
US tort costs totalled $247bn in 2006, which is approximately $825 per person and $57 less per person than in 2005, according to the “2007 Update on US Tort Cost Trends” from Tillinghast Towers Perrin. Tort costs declined by..
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01 January 2008
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209 - 01 January 2008
US injury death rates increase
Injury death rates in the US rose more than 5% after a two-decade period of decline, according to a study released by the US Centers for Disease Control and Prevention. The study, “Morbidity and Mortality Weekly Report”, indicates the..
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01 January 2008
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209 - 01 January 2008
Judicial Hellholes 2007
The American Tort Reform Foundation has released its annual “Judicial Hellholes” report. It has named as “Hellholes” for the first time Clark County, Nevada and Atlantic County, New Jersey. They join perennial Hellholes South..
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01 January 2008
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209 - 01 January 2008
Nanotechnology awareness report from Which?
Despite the fact that they are already being used in a wide range of consumer products, most people have no idea what nanotechnologies are, according to new research carried out by the consumer association Which?.
The research found that 61% have..
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01 January 2008
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209 - 01 January 2008
Cancer hazards from shiftwork, painting, and firefighting
The International Agency for Research on Cancer (IARC), part of the World Health Organisation, has found that there are cancer hazards associated with shiftwork, painting, and firefighting.
In its “IARC Monographs on the Evaluation of..
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01 January 2008
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209 - 01 January 2008
Acrylamide link to ovarian and womb cancer
A study has suggested that a common chemical caused by frying, roasting or grilling may be linked to ovarian and womb cancer. The link relates to acrylamide which is produced when starchy foods are heated to high temperatures
The study, which was..
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01 January 2008
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209 - 01 January 2008
UK belief in compensation culture on rise
A survey has found that belief in a compensation culture is perhaps more prevalent than ever, with the majority of Britons (90%) agreeing that people are more likely now than five years ago to sue for physical and emotional injury.
The survey, of..
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01 January 2008
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209 - 01 January 2008
Employer fails to provide a safe system of work
The claimant was trying to lift a cone shaped casting that had fallen from a tray and become wedged. Whilst it was normal working practice for the crane to be used if fallen castings were not jammed, the claimant tried to use the crane to remove the..
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01 January 2008
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209 - 01 January 2008
Breach of Manual Handling Operations Regulations
The claimant was part of a four-man team, and was injured whilst helping to move four heavy machines weighing between 2800kg and 3100kg manually on skates. He was one of two men pushing the machine whilst the other two members of the team acted as..
Online Published Date:
01 January 2008
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209 - 01 January 2008
Prison officer and safety at work
The prison service should have informed one of its officers of a particular prisoner’s propensity to violence so that the officer could have taken extra precautions over his safety.
The claimant and a team of fellow prison officers had to..
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01 January 2008
Appeared in issue:
209 - 01 January 2008
Injured passenger in boot of drunk driver’s car
Contributory negligence discount was set at 30% for a claimant injured as a passenger riding in the boot of a vehicle driven by a drunken friend. He had volunteered to ride in the boot, a decision that it was found had materially contributed to his..
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01 January 2008
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209 - 01 January 2008
Appeal finds 100% contributory negligence
A young holiday maker was found to be liable for his own accident which resulted in a serious injury following his dive into the shallow end of a swimming pool
The trial Judge found for the claimant on the basis that the defendant was in breach of..
Online Published Date:
01 January 2008
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209 - 01 January 2008
Separate heads of damage for harassment
There should be no hard-and-fast rule whether separate heads of damage for harassment should be made for psychiatric harm, injury to feelings and aggravated damages. It all depended on the facts of the individual case.
The Court of Appeal so stated,..
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01 January 2008
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209 - 01 January 2008
Costs assessment under collective CFA
In determining whether the costs of instructing costs consultants to conduct a detailed costs assessment under a collective conditional fee agreement were disbursements or profit costs, the issue was whether the solicitor remained responsible to the..
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01 January 2008
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209 - 01 January 2008
Unfair dismissal and Asylum and Immigration Act
A local authority had summarily dismissed an employee under section 98(2)(d) of the Employment Rights Act 1996 because it believed that, as a Russian immigrant whose limited leave to remain had expired, she could not continue to work without causing..
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01 January 2008
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209 - 01 January 2008
Damages over negligent GP consultation
The family of a woman who died from meningitis, just a day after being told to go home by an out-of-hours surgery, has been awarded £140,000 in damages. She was told she had a viral infection. The court ruled that the doctor handling her case..
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01 January 2008
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209 - 01 January 2008
£8mn for girl born with cerebral palsy
A girl who was left with severe cerebral palsy after mistakes during her birth has been awarded more than £8mn in compensation. The girl, now 16, cannot walk unaided and her speech has been badly affected, although her intelligence and..
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01 January 2008
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209 - 01 January 2008
$1.6mn race discrimination lawsuit
Ford Motor Company, along with two related companies and a national union, will pay $1.6mn and provide other remedial relief to a class of nearly 700 African Americans to settle a major race discrimination lawsuit brought by the US Equal..
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01 January 2008
Appeared in issue:
209 - 01 January 2008
£3,750 for supermarket grape slip
A man has been awarded £3,750 compensation in an out of court settlement as a result of a slip accident at a supermarket store. As he walked down one of the aisles, he slipped on a loose grape that had been left on the floor. He suffered a..
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01 January 2008
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209 - 01 January 2008
Council employee wins payout
A former council employee has been awarded a payout after a fall at work left him unable to remain in his job. The council paid £10,118 in injury compensation and £19,014 in costs and lost earnings. He had been helping council staff store..
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01 January 2008
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209 - 01 January 2008
£14,275 compensation for VWF
A ground worker has received £14,275 compensation from two former employers following the development of vibration white finger. He used pneumatic drills and jackhammers continuously and was not made aware of the dangers of using such tools or..
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01 January 2008
Appeared in issue:
209 - 01 January 2008
Teacher’s family gets £85,000
The family of a local teacher who died after being diagnosed with mesothelioma has received damages of £85,000. The teacher was exposed to asbestos whilst working as a primary school teacher. The asbestos was around the boiler and pipework in..
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01 January 2008
Appeared in issue:
209 - 01 January 2008
Cyclist sues council over stump in road
A council has agreed to an out-of-court compensation settlement of £5,250 for a 17-year-old boy who broke his wrist falling off his bicycle after it hit a stump left sticking out of the ground by council workmen. He hit the stump of a post that..
Online Published Date:
01 January 2008
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209 - 01 January 2008
$2.5mn in damages for race discrimination
The US Equal Employment Opportunity Commission (EEOC) has announced a major settlement of a race discrimination and retaliation lawsuit against Lockheed Martin, the world’s largest military contractor, for $2.5mn and other relief on behalf..
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01 January 2008
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209 - 01 January 2008
Cyclist successfully sues driver
A man has received £6,500 in compensation after a bicycle accident. He suffered painful injuries after being knocked off his bicycle. He was cycling through a green traffic light when a driver executed a right hand turn across his path. The..
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01 January 2008
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209 - 01 January 2008
£1.35mn settlement for motorcycle head injury
A woman who suffered a severe head injury whilst riding as a pillion passenger on a motorcycle has received a settlement of £1.35mn. The offer was made less than a week before the trial. The motorcycle was driven by the defendant who was killed..
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01 January 2008
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209 - 01 January 2008
Brain damaged baby awarded £6.5mn
A girl has been awarded £6.5mn in compensation after suffering brain damage as a baby. She was born normally and sent home the same day. Midwives noticed she was jaundiced and three days later she received phototherapy and an exchange blood..
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01 January 2008
Appeared in issue:
209 - 01 January 2008
£150,000 in compensation for asbestos exposure
A man who was exposed to asbestos while working at a Tyneside shipyard has been awarded more than £150,000 in compensation. He was exposed to asbestos while working as a plumber at a shipyard and a pipe fitter at a chemical plant and developed..
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01 January 2008
Appeared in issue:
209 - 01 January 2008
Fighter jet technician wins damages
An aircraft technician who was injured whilst working on a fighter jet has been awarded £6,000 in compensation. He was carrying out maintenance work on the fuel tank of a Tornado ZA547 Aircraft. The task required him to enter the fuel tank head..
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01 January 2008
Appeared in issue:
209 - 01 January 2008
£30,000 in compensation for VWF
A man who claims he was forced out of his job after vibrating tools permanently damaged his hands has been paid £30,000 in compensation. His job required him to grind out defects on the forks using pencil grinders and angle grinders - tools..
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01 January 2008
Appeared in issue:
209 - 01 January 2008
£50,000 over leg injury
A man has received compensation of £50,000 when he was struck on the leg by a coupling hub. He was employed as a mechanical craft worker. He was asked to move a damaged coupling hub from the gearbox on the cement mill. He used a hydraulic jack..
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01 January 2008
Appeared in issue:
209 - 01 January 2008
Security guard wins damages
A university security guard who suffered a broken collar bone and finger during a burglary in a campus launderette, has received over £13,000 in damages in an out of court settlement. He was working the night shift when a report came in that..
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01 January 2008
Appeared in issue:
209 - 01 January 2008
Amputation worker wins damages
A man whose right leg had to be amputated following a devastating accident at work has been paid over £468,000 in damages. He worked as a manufacturing technician and was pulling a pallet truck into a lift. As he stepped back he fell 15 feet..
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01 January 2008
Appeared in issue:
209 - 01 January 2008
Compensation for mesothelioma
The widow of a coppersmith has received a substantial six-figure compensation payment after her husband was exposed to asbestos. The husband died from mesothelioma. He was exposed to asbestos as an apprentice coppersmith with two shipyards, both in..
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01 January 2008
Appeared in issue:
209 - 01 January 2008
Damages for asbestosis
A fitter and turbine engineer who was exposed to asbestos by several employers has won over £30,000 damages after developing asbestosis. Asbestos was extensively used as an insulating material on pipes and machinery in the workspace and laggers..
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01 January 2008
Appeared in issue:
209 - 01 January 2008
London buses sued over wheelchair ramps
Disability discrimination proceedings have been started against two London bus companies. According to Leigh Day, despite bus companies in London stating that all their buses have wheelchair ramps for their passengers to use, their client..
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01 January 2008
Appeared in issue:
209 - 01 January 2008
TV presenter claims unfair dismissal
A former GMTV presenter who was forced out of her job after her bosses discovered she suffered from epilepsy is reported to be claiming £485,000 for projected loss of earnings. The presenter told an employment tribunal in London that the..
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01 January 2008
Appeared in issue:
209 - 01 January 2008
Scotland to reverse House of Lords pleural plaques’ decision
The Scottish Government has announced that it is to introduce a bill to reverse the House of Lords’ recent judgment on pleural plaques. The provisions of the Bill would take effect from the date of the judgment. This will mean that those..
Online Published Date:
01 January 2008
Appeared in issue:
209 - 01 January 2008