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“Baldness not a disability” shock
Terrible news for middle aged men everywhere. Baldness is not a disability. I know it has come as a shock to some of you, but apparently an employment tribunal has ruled that being called “baldy” is not a form of disability..
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01 May 2008
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213 - 01 May 2008
Reform of Collective Redress in England and Wales: A Perspective of Need
By Professor Rachael Mulheron, Department of Law, Queen Mary University of London
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01 May 2008
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213 - 01 May 2008
Monthly Quota
“Risk assessments taken seriously and used properly provide a vital safeguard in a range of circumstances for staff and pupils. Claims by some schools that their failure to use them is because of bureaucratic burdens is just unacceptable..
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01 May 2008
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213 - 01 May 2008
Inconsistencies highlighted in JSB Guidelines
The JSB (Judicial Studies Board) Guidelines, used by courts and legal practitioners to assess the damages in personal injury cases, show some startling inconsistencies, according to Browne Jacobson.
The firm has undertaken an analysis of the..
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01 May 2008
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213 - 01 May 2008
New president for APIL
The Association of Personal Injury Lawyers has appointed Amanda Stevens as its new president, taking over from Martin Bare. She is partner and head of personal injury at Charles Russell’s Guildford office and her work includes occupational..
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01 May 2008
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213 - 01 May 2008
Report into Financial Ombudsman Service
A report by Lord Hunt of Wirral into the Financial Ombudsman Service has been published, entitled “Opening up, reaching out and aiming high – an agenda for accessibility and excellence in the Financial Ombudsman Service.”
Amongst..
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01 May 2008
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213 - 01 May 2008
Novae launches PI policy for IT professionals
Novae Insurance has launched a new product tailored for the IT industry: Professional Indemnity for IT Professionals.
Jon Morgan, Unit Head of Novae Insurance’s regional financial lines division, said it has been developed according to the..
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01 May 2008
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213 - 01 May 2008
PI provider for claims management companies
The Claims Standards Council has appointed Lockton’s Affinity division as the professional indemnity insurance provider to its 1,500 membership of authorised claims management companies. The scheme will be underwritten by Brit Insurance.
The..
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01 May 2008
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213 - 01 May 2008
Fifth of pool car fleets not roadworthy
Nearly a fifth of pool car fleets may not be roadworthy, leaving businesses exposed to extra costs and legal action, according to the RAC. Rigorous vehicle checking of over 21,370 pool cars conducted by RAC examining engineers deemed 16% to be..
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01 May 2008
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213 - 01 May 2008
Latest MRSA figures show infections have stopped falling
The Health Protection Agency has published its latest quarterly report on MRSA bloodstream infections which shows that there were 1,087 cases reported in England during the October to December quarter of 2007. This represents a 0.6% increase on the..
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01 May 2008
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213 - 01 May 2008
Lack of prosecutions for corporate manslaughter
Large companies are unlikely to be prosecuted for the new offence of corporate manslaughter for many years – even though deaths will have resulted from their serious management failures and will have met the new legal test.
This is because the..
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01 May 2008
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213 - 01 May 2008
Call for protection for nail bar staff
Labour MP Phyllis Starkey is campaigning for increased protection for customers and staff in nail bars. The MP’s 10 Minute Rule Bill, which would extend licensing for nail bars to areas outside London, was debated in the Commons last..
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01 May 2008
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213 - 01 May 2008
Control of Noise at Work Regulations
The entertainment industry, including pubs and clubs, must now implement the requirements of the Control of Noise at Work Regulations 2005 which replaced the Noise at Work Regulations 1989, and came into force on 6 April 2006. They cover all places..
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01 May 2008
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213 - 01 May 2008
US soldiers report post traumatic stress
Nearly 20% of US military service members who have returned from Iraq and Afghanistan - 300,000 in all - report symptoms of post traumatic stress disorder or major depression, yet only slightly more than half have sought treatment, according to a..
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01 May 2008
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213 - 01 May 2008
UK wire industry reduces accidents
The UK Steel Live Wire Accident Reduction Campaign, launched in July 2006, has surpassed its target of a 10% reduction in accidents by a significant margin. Overall accidents reduced in 2007 by over 17% and RIDDORs (over three-day accidents) by..
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01 May 2008
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213 - 01 May 2008
Health and safety survey reveals lack of training
British businesses are losing £250 a second in costs and payouts for needless accidents in the workplace, according to the British Safety Council (BSC). Millions of British men and women are at risk at work because of a lack of safety training,..
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01 May 2008
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213 - 01 May 2008
HSE told to increase inspections
The Work and Pensions Select Committee report has called for HSE to increase its deployment of resources to front-line inspection. Evidence to the Committee convinced it that increasing the number of inspections carried out by HSE is the best means..
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01 May 2008
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213 - 01 May 2008
Select Committee warns about over-zealous consultants
The Work and Pensions Select Committee has released a report entitled “The role of the Health and Safety Commission and the Health and Safety Executive in regulating workplace health and safety”.
The Committee called on the Government to..
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01 May 2008
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213 - 01 May 2008
HSC and HSE merge
The Health and Safety Commission (HSC) and the Health and Safety Executive (HSE) have merged to form a single national regulatory body responsible for promoting the cause of better health and safety at work, according to Health and Safety Minister..
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01 May 2008
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213 - 01 May 2008
Insurers warned over cost of climate change claims
The insurance industry should act now to protect itself from the cost of defending climate change claims as reported advances in scientific techniques move closer to establishing the link between specific weather events and global warming, according..
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01 May 2008
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213 - 01 May 2008
New report into state liability systems
Texas remains one of the ten worst legal climates in the country, according to “Lawsuit Climate 2008: Ranking the States”, an annual assessment of state liability systems conducted by Harris Interactive, a market research firm, and..
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01 May 2008
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213 - 01 May 2008
Scientists highlight genetic basis of lung cancer
In a paper published in Nature, a worldwide consortium of scientists has claimed a major breakthrough for understanding the genetic basis of lung cancer. The international team of investigators have uncovered for the first time an important genetic..
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01 May 2008
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213 - 01 May 2008
Hairdressers face cancer risk from dyes
Hairdressers may face an increased risk of cancer because of the dyes and other chemicals they work with, according to the World Health Organisation’s International Agency for Research on Cancer (IARC). “Occupation as a hairdresser or..
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01 May 2008
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213 - 01 May 2008
Occupational and environmental cancer epidemic
A global epidemic of preventable industrial cancers is killing hundreds of thousands each year because governments and employers are failing to take simple and effective preventive action. Top cancer prevention experts from around the world, who met..
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01 May 2008
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213 - 01 May 2008
Sunbed users risk skin cancer
Eight out of 10 sunbed users have increased their risk of a life-threatening form of skin cancer by around 75%, according to Cancer Research UK. A survey of 4000 people, commissioned by the charity, has found that the vast majority of sunbed users..
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01 May 2008
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213 - 01 May 2008
Formaldehyde link to Lou Gehrig’s disease
Preliminary results show that a common environmental chemical may increase the risk of developing amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease, according to research presented at a recent meeting of the American..
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01 May 2008
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213 - 01 May 2008
Trans fatty acids double risk of breast cancer
Research published in the American Journal of Epidemiology has showed that the risk of breast cancer was doubled in women having higher serum levels of trans fatty acids. The trans fatty acids studied are those from industrial sources (processed..
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01 May 2008
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213 - 01 May 2008
Warning over the rise in ‘personal injury tourism’
Despite efforts by the EU to simplify the interpretation of national laws, the UK insurance industry is being exposed to significant risk from complex cases involving motorists of differing nationalities, according to Browne Jacobson.
Although the..
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01 May 2008
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213 - 01 May 2008
Award limited for future loss of earnings
A 24-year-old man injured in a car crash was working as a warehouse technician for a company that provided lighting for the entertainment industry. He was earning £13,000 gross per annum but presented his claim on the basis that his job..
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01 May 2008
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213 - 01 May 2008
Lump sum for catastrophic injury not periodical payments
A passenger injured in a car crash accepted that his damages should be reduced for contributory negligence by reason of his failure to wear a seatbelt, and by reason of his decision to ride as a passenger in a vehicle that was driven by an uninsured..
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01 May 2008
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213 - 01 May 2008
Civil claim over shooting by police
A civil claim against the police for battery by the family of an unarmed man shot dead during a police raid was not to be struck out despite the responsible officer’s acquittal of murder because, in civil law, a plea of mistaken self-defence..
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01 May 2008
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213 - 01 May 2008
The question of “more advantageous”
Where a claimant had obtained judgment as to liability, and an award in damages of a sum exceeding an earlier payment in, a judge was empowered by CPR r 36.14(1) to adopt a broad approach when considering costs and the question whether the result..
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01 May 2008
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213 - 01 May 2008
Time-barred damages claim
Any claim in respect of injuries sustained by the claimant in a hot-air balloon landing in England was governed by Schedule 1 to the Carriage by Air Acts (Application of Provisions) Order 1967 (the Non-International Rules) which provided the..
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01 May 2008
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213 - 01 May 2008
Human Rights Act 1998 and limitation
In the context of CPR Pt 11, the limitation provisions within s 7(5) of the Human Rights Act 1998 provided a defence to a claim rather than going to jurisdiction, so that a failure to apply to strike out within 14 days of acknowledging service did..
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01 May 2008
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213 - 01 May 2008
Solicitors’ liability and clinical negligence
Solicitors who had negligently failed to prosecute a claim for damages for clinical negligence, including a claim for future loss, with the result that the claim had not been set down by the date of the original claimant’s death were not..
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01 May 2008
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213 - 01 May 2008
Road crash victim gets £42,000
A man who was injured in a car crash has received £42,000 in compensation. He was a rear seat passenger in a vehicle which lost control, crossed onto the wrong side of the carriageway and collided head on with another vehicle. As a result he..
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01 May 2008
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213 - 01 May 2008
Hand injury compensated
A man has received £6,000 compensation after suffering a hand injury at work. He was using a milling machine to profile and shape metal when a spring failed causing the handle to swing round and strike him on the hand. He visited his GP after a..
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01 May 2008
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213 - 01 May 2008
Award over thumb injury
A man has received £10,000 compensation after crushing his thumb at work. He worked as a contractor on a building site when the accident happened. He was walking along a designated walkway on site when he tripped over debris that had been left..
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01 May 2008
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213 - 01 May 2008
Out of court settlement over burns
A man has received £10,000 in an out of court settlement after a burn injury at work. He worked at a foundry when he received severe burns after being splashed with molten metal. He was melting manganese scrap metal in a furnace. The furnace..
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01 May 2008
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213 - 01 May 2008
Damages for neck injury worker
A man has been awarded compensation for an injury at work caused by a defective hoist. He was awarded £40,000 compensation in an out of court settlement, just days before his case was due in court. He was working as a roofer for a local firm,..
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01 May 2008
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213 - 01 May 2008
Soldier shot on training exercise wins damages
A soldier who was accidentally shot as a result of a negligent discharge while on live firing training exercises in Canada has received a settlement of £30,000 from the Ministry of Defence. The claimant suffered a superficial gunshot wound to..
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01 May 2008
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213 - 01 May 2008
MoD settles mistaken injection case
A settlement of £10,000 was agreed with the MoD in this military accident case on behalf of a serving Lance Corporal who was mistakenly injected with a live Combo Pen while on NBC training exercises in 2004. The claimant was playing the role of..
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01 May 2008
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213 - 01 May 2008
Vibration white finger damages
A man has received £12,478 for vibration white finger. He was employed as a ground worker for a council, a civil engineering firm and a Tarmacadam contractor. His vibration white finger was caused by excessive levels of vibration from different..
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01 May 2008
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213 - 01 May 2008
Noise induced hearing loss award
A man has received £7,500 in compensation for noise induced hearing loss in an out of court settlement. He was employed as an inspector and as a leading hand. His job as a leading hand was to make conveyor belts for coal mines and airports. He..
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01 May 2008
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213 - 01 May 2008
Woman wins supermarket compensation
An 88-year-old woman has received £34,000 compensation after being injured in an accident at her local supermarket. She was riding her mobility scooter down a path leading to a car park at her local supermarket when a wheel caught in a pothole..
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01 May 2008
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213 - 01 May 2008
Family receives £149,000
The family of a man who died from an asbestos-related disease has received £149,000 in compensation. The man died after being diagnosed with mesothelioma. His condition was critical when first diagnosed. He was told that he had only six months..
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01 May 2008
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213 - 01 May 2008
Thick gloves led to finger injury
An electrician has received nearly £8,000 in compensation after being injured at work. He suffered an injury to the end of his left index finger including a fracture and disruption of the nail bed and involving a partial amputation of the tip...
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01 May 2008
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213 - 01 May 2008
Care worker wins damages
A woman has received £17,500 in compensation after a workplace accident caused injury which led to back pain and psychological problems. She was employed as a care assistant at a residential home when she had the accident.
She was in the..
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01 May 2008
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213 - 01 May 2008
Man compensated for broken ankle
A man has received £8,000 in compensation after he broke his ankle at work. He was contracted out by his employer and was working as a roofer when he broke his ankle on site. His accident occurred when he was trying to get off a roof onto some..
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01 May 2008
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213 - 01 May 2008
£203,474 in damages for mesothelioma
A man who was diagnosed with mesothelioma has received £203,474 in compensation. He worked at the British Rail Doncaster Plant Works for most of his working life between 1961 and 1997. He was employed as an indentured apprentice coach painter,..
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01 May 2008
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213 - 01 May 2008
£65,000 in damages over asbestos exposure
A man who developed lung cancer after being exposed to asbestos in the workplace has received £65,000 in damages. He was exposed to asbestos while working as a colour stillman. His employer made asbestos roofing sheets and the paint to go on..
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01 May 2008
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213 - 01 May 2008
MoD pays back injury compensation
A Ministry of Defence (MoD) stores assistant who suffered a serious back injury due to continuous heavy lifting and whose employer then failed to shift her to lighter work has received £60,000 in compensation.
She injured her back at work and..
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01 May 2008
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213 - 01 May 2008
£230,000 compensation for gas explosion
A gas explosion in a pub which wrecked the career of the gas worker called to investigate a reported gas leak has resulted in a substantial damages payout.
He had been called out to investigate a gas leak. As he was investigating the leak, there was..
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01 May 2008
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213 - 01 May 2008
RTA victim wins damages
A man who was knocked unconscious outside his home by an under age driver has secured over £8,000 damages. The man was diagnosed a hairline fracture of the skull. He was knocked down by a vehicle driven by a local 15-year-old boy who..
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01 May 2008
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213 - 01 May 2008
£180,000 in mesothelioma compensation
A former British Rail worker has been awarded £180,000 in compensation after exposure to asbestos in the workplace. He was diagnosed with mesothelioma after he was exposed to asbestos while working as a fireman, boiler cleaner and train driver...
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01 May 2008
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213 - 01 May 2008
Damages over lifting heavy objects
A man who was injured at work from lifting heavy objects has received £20,000 in compensation. He was working as a waste disposal operative when he severely injured his abdominal muscles in the accident. At the time, he was lifting heavy bags..
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01 May 2008
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213 - 01 May 2008
TA soldier injured in Iraq gets compensation
A TA soldier who was injured after having been called up for regular service with the Army in Iraq has received an out of court settlement of £70,000. While undertaking a routine patrol, he was providing rear facing top cover in an open topped..
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01 May 2008
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213 - 01 May 2008
Asbestos damages awarded
A man has been awarded £20,000 in provisional damages after being exposed to asbestos in the workplace. He developed asbestosis after being exposed to asbestos while working for a shipyard during the 1960s. He said he remembers being exposed to..
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01 May 2008
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213 - 01 May 2008
Mesothelioma widow wins damages
The widow of a man who died from mesothelioma has secured £120,000 in compensation in an out of court settlement. He was exposed to asbestos while working as an improver apprentice and then a production assistant during 1952 and 1956 and again..
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01 May 2008
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213 - 01 May 2008
£180,000 over loss of fingers at birth
A child who lost his fingers as a result of a hospital error soon after he was born has received £180,000 in a settlement for compensation. The child was born prematurely, and a few days after he was born an intravenous line was put into his..
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01 May 2008
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213 - 01 May 2008
£2.4mn in damages for cerebral palsy
A girl who was left with cerebral palsy after her ventilator settings were mismanaged at birth has been awarded £2.4mn in damages. The NHS Trust involved admitted liability. She will receive a lump sum of £2.4mn plus index-linked periodic..
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01 May 2008
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213 - 01 May 2008
£355,500 damages from Motor Insurers Bureau
A woman has been awarded £355,500 by the Motor Insurers Bureau (MIB) following a crash on the M4 motorway. The crash was caused by a driver who failed to stop at the scene and who could not subsequently be traced. Even though the driver at..
Online Published Date:
01 May 2008
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213 - 01 May 2008
Post traumatic illness after head injury
A man who suffered post traumatic illness after suffering a head injury at work has received £13,750 compensation. He suffered head injuries, which led to the illness, whilst working as a JCB mechanical loading shovel driver in a warehouse.
He..
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01 May 2008
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213 - 01 May 2008
Pothole slip and trip award
A man has received £20,000 in compensation after tripping in a pothole adjacent to tram tracks. He was walking along a road when he decided to cross the road which required him to also cross the tram tracks. As he was doing so, he tripped and..
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01 May 2008
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213 - 01 May 2008
Council racially discriminated applicant
A council has been ordered to pay £26,000 in compensation after it was judged to have racially discriminated against a job candidate. The council reportedly was unable to explain why it had not shortlisted a Bangladeshi man for the position of..
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01 May 2008
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213 - 01 May 2008
Potential claimants over Parkinson’s drugs
Leigh Day & Co has reported that it has received enquiries from a number of UK residents who have been taking cabergoline. They are reportedly concerned about the possibility of developing heart valve damage because they have been taking the..
Online Published Date:
01 May 2008
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213 - 01 May 2008
Convictions for corporate manslaughter could soar
Corporate manslaughter convictions could rise significantly under the new Corporate Manslaughter Act that came into effect on 6 April 2008, according to Aon. UK companies responsible for rail crashes, ferry disasters and work deaths, which have..
Online Published Date:
01 May 2008
Appeared in issue:
213 - 01 May 2008