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MDU calls for compulsory insurance for doctors
Figures released by the Medical Defence Union (MDU) have revealed that since the launch of its insurance policy for clinical negligence claims in 2000, UK medical membership has increased by over 20%.
The MDU offer members an insurance policy for..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
Allianz Global Risks moves into liability classes
Allianz Global Risks is to expand into new liability lines including directors’ & officers’ and general liability. Axel Theis, ceo, and Horst Hanauer, who heads the London operation, said that the plans for expansion into new..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
Amlin reports on renewal rates
Lloyd’s insurer Amlin has reported that renewal rates showed a decline of an average of 2.5%, with the largest falls being seen in US property, airline hull & liability, war and energy. Marine hull and US casualty continued to rise, while..
Online Published Date:
01 October 2004
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170 - 01 October 2004
US D&O A-side cover survey from Willis
A survey by Willis has found that buyers of directors’ & officers’ cover at Fortune 1000 companies over the past year have tended to purchase stand-alone A-side cover which protects directors and officers where the company itself..
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01 October 2004
Appeared in issue:
170 - 01 October 2004
Solicitors’ PI insurance renewals from Aon
Aon Professional Risks (APR) has reported on the latest professional indemnity insurance renewals for solicitors. APR says that competition in the market has been fierce for the primary £1mn layer of cover as a result of new insurer entrants..
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01 October 2004
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170 - 01 October 2004
New WTC lawsuits filed as deadline passes
A number of lawsuits have been filed relating to the 11 September 2001 attack on the World Trade Center, meeting a three-year court deadline relating to the attacks. The Port Authority of New York & New Jersey, the owner of the site of the WTC,..
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01 October 2004
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170 - 01 October 2004
CSR in asbestos deal with Lloyd’s
CSR Ltd has reached a settlement in regard to asbestos litigation begun by the company in New Jersey in 1995. The settlement is $A41m and will be paid by Lloyd’s. The settlement relates to asbestos claims made on policies between 1978 to..
Online Published Date:
01 October 2004
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170 - 01 October 2004
Divide and Conker
It was so easy in the old days – get your conker, put a hole through it, thread the string, and off you went. Alright, sometimes you baked them in the oven first to get them really hard, but that was it.
But nowadays, it is not so simple...
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
Industry Responses
The announcement was broadly welcomed, in part, by the accounting industry and others. For example, KPMG welcomed the statement “which opens up the possibility of limiting liability on a proportionate basis by contract.” KPMG believes..
Online Published Date:
01 October 2004
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170 - 01 October 2004
Auditors
The consultation also covered the position of auditors. The Government wish to see a competitive and high-quality market for audit services, shareholders using high quality and reliable information, and an adequate system of redress for when things..
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01 October 2004
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170 - 01 October 2004
Directors
It is essential for British competitiveness that we have a diverse pool of high-quality individuals willing to become directors, and that directors are willing to take informed and rational risks. But it is also important that directors act in..
Online Published Date:
01 October 2004
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170 - 01 October 2004
Director and Auditor Liability
In a written statement to the House of Commons, the Secretary of State for Trade & Industry, Patricia Hewitt, reported on the issue of “Director and Auditor Liability.” To follow are edited highlights of the written statement.
The..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
Disabled rights increase but problems continue
As from the beginning of this month, every business, large or small – from the local shop to restaurants, health clubs, dentists and supermarkets – must become more userfriendly for around 10mn disabled people in Britain.
But a survey by..
Online Published Date:
01 October 2004
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170 - 01 October 2004
Statutory disciplinary and grievance procedures in force
New laws to improve the way individual employment disputes are handled in Britain have come into force at the start of October. The Employment Act 2002 (Dispute Resolution) Regulations 2004 make it mandatory for every UK employer to have in place..
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01 October 2004
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170 - 01 October 2004
Legal aid costs increase in Scotland
The cost of legal aid in Scotland increased by 7% to £146mn, according to latest figures from the annual report of the Scottish Legal Aid Board. Criminal legal aid accounted for £102.2mn, with an increase 10%. The number of summary..
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01 October 2004
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170 - 01 October 2004
New law on discrimination on the grounds of religion
New laws to combat discrimination on the grounds of religion will be introduced by the Government. The measures will put an end to religious discrimination in the provision of goods, facilities, services and premises. They will close a loophole that..
Online Published Date:
01 October 2004
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170 - 01 October 2004
EL costs still increasing says British Chambers of Commerce
A survey by the British Chambers of Commerce (BCC) has found that nearly three-quarters of respondents have experienced increases in their EL costs in the last twelve months. One-third of these firms have suffered a rise of between 20% and..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
Compensation regardless of fault recommendation
According to the Times, a report commissioned by the Department for Transport, has recommended that motorists who knock down children should have to pay compensation even if the victim ran out without looking.
The motorist would be assumed to be..
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01 October 2004
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170 - 01 October 2004
Outdoor education held back by litigation fears
Despite general recognition of the value of outdoor education and residential experiences, some schools remain unconvinced of the benefits when weighed against risks and fears of litigation. This is according to a new report published by the Office..
Online Published Date:
01 October 2004
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170 - 01 October 2004
Legal duty call over protection from bullying
An MP has called for a legal duty for those working with children to protect them from bullying. The MP, who chairs the parliamentary group on children, said that she wanted to see the introduction of ‘Laura’s Law,’so called in..
Online Published Date:
01 October 2004
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170 - 01 October 2004
Local authorities urged to make workplaces smoke free
The Chartered Institute of Environmental Health (CIEH) and ASH have called on local authorities to take action to make all workplaces and enclosed public places in their local areas smoke free. This follows the release of a major new guidance..
Online Published Date:
01 October 2004
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170 - 01 October 2004
Private equity practitioners see increased liability
Almost 40% of private equity practitioners believe legal action against their firms and executives will increase, according to research published by Marsh.
The majority (60%) of professionals surveyed admit they have no formal processes in place to..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
Employees “first in line to be sued”
Ordinary employees are now first in line to be sued after disasters and accidents, according to a new report from the charity Public Concern at Work.
The report says: “Botched legislation passed last October means employees now face paying..
Online Published Date:
01 October 2004
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170 - 01 October 2004
New rights for workers with diabetes
Changes to the Disability Discrimination Act 1995 have come into effect that will further the rights of people with diabetes in employment. According to Diabetes UK, the Act will be extended to protect people already serving in the emergency..
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01 October 2004
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170 - 01 October 2004
Ethnic workers more likely to be bullied
Five times as many ethnic workers have reported suffering from workplace bullying as their white colleagues, according to research conducted by experts at the University of Glamorgan Business School.
The research shows that 25% of minority ethnic..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
Age discrimination affect young too
Age discrimination is rife in the workplace, but surprisingly, it is targeted more at young people, according to new research commissioned by Eversheds.
The research found that one in three employees said they have been victims of age..
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01 October 2004
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170 - 01 October 2004
Retail employers and pregnant workers
Research published by trade union Usdaw “provides proof that many retail employers may not fully understand their obligations towards pregnant workers - and by failing to follow statutory procedures they could be putting the health and..
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01 October 2004
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170 - 01 October 2004
Pregnancy discriminastion in the workplace report
The Equal Opportunities Commission’s (EOC) has published a new report into pregnancy discrimination in the workplace, “Tip of the Iceberg.” The report looks at how the responsibilities and costs of pregnancy, as well as the..
Online Published Date:
01 October 2004
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170 - 01 October 2004
New stress research centre opens
A research centre looking into stress has been opened in Bristol, as part of the University of Bristol. The £18.7mn centre will house 120 researchers, investigating new approaches to the treatment of stress-related illness, psychiatric..
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01 October 2004
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170 - 01 October 2004
HSE’s annual report on railway safety
The Health and Safety Executive has published its annual report on the safety record of Britain’s railways during the period 1 April 2003 to 31 March 2004. The report reveals that there were nine staff fatalities, including six track workers,..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
HSE investigates lung illnesses at factory
The Health & Safety Executive is investigating a car engine factory in Birmingham where around 70 employees have been diagnosed with alveolitis and occupational asthma. Employees are to be screened for the lung illnesses and are being asked to..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
Air Traffic Control warning over UK airports
The UK Guild of Air Traffic Control Officers (GATCO) says it is concerned about the growing number of airlines that are either planning or have commenced flights from UK airports which previously had few or no public transport airline flights.
GATCO..
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01 October 2004
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170 - 01 October 2004
MAIB report on MV Jambo sinking
A report issued by the Marine Accident Investigation Branch (MAIB) reveals that there has been no evidence found of environmental marine pollution from the wreck of the cargo ship MV Jambo. The ship sank off Wester Ross last summer, whilst carrying..
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01 October 2004
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170 - 01 October 2004
Oil leak from Ipswich Dock
Two tonnes of oil has leaked from a ship in Ipswich Dock, causing environmental damage, notably to wildlife, seabirds and swans. RSPCA officers are involved in searching for birds which may have been affected, while environmental experts are..
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01 October 2004
Appeared in issue:
170 - 01 October 2004
Rescue workers suffer respiratory and psychological problems
Nearly half of the 1,000 or more screened rescue and recovery workers and volunteers who responded to the World Trade Center attacks have new and persistent respiratory problems, and more than half have persistent psychological symptoms.
This is..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
Food and Drink Federation sets out health manifesto
The Food and Drink Federation (FDF), the voice of UK food and drink manufacturers, has published “a blueprint for industry participation in the challenges of the food and health debate.”
The FDF said that an industry wide consensus has..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
…but corporate America is biggest user of courts
American businesses file four times as many lawsuits as do individuals represented by trial attorneys, and they are penalized by judges much more often for pursuing frivolous litigation, according to a report issued by a US consumer advocacy..
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01 October 2004
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170 - 01 October 2004
Fear of litigation growing in corporate America…
Corporate leaders have overcome their initial misgivings about the potential administrative and financial burdens of complying with the requirements of the Sarbanes-Oxley era, according to Corporate Reputation Watch (CRW), Hill &..
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01 October 2004
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170 - 01 October 2004
$280bn US federal tobacco trial opens
The federal tobacco trial, in which the US government is demanding a $280bn from the five major tobacco companies, has begun. The lawsuit was filed back in 1999.
The US Justice Department said that the case is about a 50-year pattern of..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
Patients notified over possible vCJD transmission
The government has notified selected groups of patients about the results of a risk assessment exercise for blood plasma products. The notification exercise relates to the possible transmission of variant Creutzfeldt-Jakob disease through blood..
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01 October 2004
Appeared in issue:
170 - 01 October 2004
Arthritis drug withdrawn over heart attack risk
Merck has announced a global withdrawal of its arthritis drug Vioxx after a colon cancer trial confirmed long-standing concerns the drug raises the risk of heart attack and stroke. The drug is believed to be used by an estimated 400,000 people in..
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01 October 2004
Appeared in issue:
170 - 01 October 2004
Radiation damage passed on to children
Researchers from Leicester University have suggested that fathers exposed to radiation may pass on the damage to their children. The researchers studied mice, and found that when they were exposed to radiation, the genetic mistakes were passed on to..
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01 October 2004
Appeared in issue:
170 - 01 October 2004
Tories to limit legal aid in medical negligence cases
The Conservatives have launched a consultation exercise on clinical negligence, with the aim of reforming the system under which compensation is paid out for medical mistakes made by the NHS.
Shadow Health Minister John Baron has signalled that if..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
Reducing the impact of asthma in the workplace
Asthma UK has launches a Workplace Charter that aims to significantly reduce the impact of asthma in the workplace. Every year in the UK, 750,000 employees with pre-existing asthma find things at work trigger an asthma attack and an estimated 3,000..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
Flu vaccine maker has licence suspended
A major flu vaccine maker, Chiron, has had its manufacturing licence suspended by the government. The licence has been suspended for three months by the Medicines & Healthcare Products Regulatory Agency due to apparent problems with the..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
Doctors to identify occupational asthma
Doctors and practice nurses have been asked to identify the possible cause of asthma when diagnosing patients, especially where the disease may be traced to the workplace.
New guidelines ask doctors and practice nurses to help prevent occupational..
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01 October 2004
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170 - 01 October 2004
Doctors against cash for personal injury referrals
A survey of doctors has found that an overwhelming 96% were against taking offers of cash for referring personal injury cases to law firms. An ongoing survey of its doctors by Expedia Services also found that nearly 100% were concerned about..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
NHS scheme will force EL premiums up 5%
The Association of British Insurers (ABI) has warned that businesses will face higher insurance costs as a result of Government plans for the NHS to recover the cost of treating victims of workplace accidents.
The ABI estimates that the plans will..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
NHS to recover costs from all personal injury compensation cases
Health Minister Rosie Winterton has published a consultation on the draft Regulations for the new, expanded NHS Injury Costs Recovery (ICR) scheme.
For the first time ever, the NHS will be able to recover costs from insurance companies for treating..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
Diners sign disclaimer for rare burgers
A restaurant in London has been making diners sign a disclaimer if they ordered their burgers to be cooked rare or medium-rare. The disclaimer, which also had to be signed by the chef on duty, waived the restaurant’s liability for..
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01 October 2004
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170 - 01 October 2004
CBI warns compensation culture spiralling out of control
Over two-thirds of firms have reported a rise in dubious employment tribunal claims, according to the latest annual CBI-Pertemps employment trends survey. Sixty-nine per cent of firms said the number of weak and vexatious employment tribunal claims..
Online Published Date:
01 October 2004
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170 - 01 October 2004
Step posed substantial risk of tripping
An instructional officer at a prison suffered injury when she walked up a ramp and tripped over an unmarked two inch step into a Portacabin. A sign saying ‘please mind the step’ had been in place since 2000 but she alleged that the..
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01 October 2004
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170 - 01 October 2004
Contract shows control for purposes of duty of care
Nedcon and Storage Engineering Services (SES) were contractors and sub-contractors on a construction site. A worker on the site was injured by tripping over studs set into a concrete floor. Both Nedcon and SES admitted that the Construction (Health,..
Online Published Date:
01 October 2004
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170 - 01 October 2004
Award with interest does not beat payment-in
The Court of Appeal held that if an award of damages exceeded a payment into court only by virtue of accrued interest, it would not be regarded as beating an offer to settle under Part 36 of the Civil Procedure Rules. The court allowed the appeal..
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01 October 2004
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170 - 01 October 2004
Successful CFA case entitled to costs
The successful claimants in a case had conducted the litigation under a Conditional Fee Arrangement, which provided for 100% uplift on basic costs. The defendant company argued that the claimants could not recover their success fee as they had not..
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01 October 2004
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170 - 01 October 2004
Expert’s draft reports remain privileged
The common law rule that litigation privilege attached to expert reports obtained for the purpose giving legal advice to a party was unaffected by the limited exception in Part 35 of the Civil Procedure Rules by which the basis of the expert’s..
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01 October 2004
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170 - 01 October 2004
Inference of bias can be rebutted
Although race or sex discrimination could be inferred by unreasonable treatment on the part of the alleged discriminator, such an inference could be rebutted by evidence of a genuine reason that was not discriminatory and which was the ground of the..
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01 October 2004
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170 - 01 October 2004
Employer can rely on defence of illegality
The Court of Appeal held that an employer was entitled to rely upon the defence of illegality where an employee complained of race discrimination but his complaints were so inextricably bound up with the illegality of his conduct in obtaining and..
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01 October 2004
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170 - 01 October 2004
Part 36 Offer not the same as Part 36 Payment
There is a clear distinction between a Part 36 Offer and a Part 36 Payment, ruled the Court of Appeal. The Court’s permission is required to reduce or withdraw the latter, whereas it is not required for the former (Part 36.6 (5)).
The case..
Online Published Date:
01 October 2004
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170 - 01 October 2004
Disabled employee in settlement over sacking
A college has agreed to pay £15,000 compensation and to issue an apology to a disabled member of staff just hours before a disability discrimination case was due to be heard by an employment tribunal. The woman suffered from ME (Chronic Fatigue..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
Damage to inner ear from accident
A 49-year-old man has been paid £40,000 compensation after being knocked unconscious at work four years ago. The man worked as a driver, and was unloading a delivery when he was struck on the shoulder and head by the load. He suffered from..
Online Published Date:
01 October 2004
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170 - 01 October 2004
Prison suicide attempt led to brain damage
A teenager has been awarded £112,500 in compensation by the High Court. The boy had attempted to hang himself in prison, resulting in brain damage, and he now requires 24-hour nursing care. He sued the Home Office for alleged negligence in..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
Compensation for knee injury
A Mansfield worker has been paid £7,460 compensation in an out of court settlement after injuring his knee in an accident at work over three years ago.
The man was working as a saw man and labourer in quarry, working on a rock face, drilling..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
Ombudsman orders compensation
A council has been ordered by the Local Government Ombudsman to pay more than £10,000 compensation to a teenage girl. The order was the result of a complaint about the way she had been treated by social services. The girl had been referred to..
Online Published Date:
01 October 2004
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170 - 01 October 2004
£5mn compensation for brain damage at birth
A hospital trust has agreed to pay £5mn compensation to a woman who suffered severe brain damage at birth. The incident took place in 1974, when the baby suffered oxygen starvation when she was born prematurely, resulting in severe brain damage..
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01 October 2004
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170 - 01 October 2004
US$2.15mn age discrimination settlement
The US Equal Employment Opportunity Commission (EEOC) has announced a US$2.15mn settlement in the class action employment discrimination lawsuit against Honeywell International.
According to EEOC’s suit, a class of sales managers and..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
£8,500 compensation to foreman electrician
A Leeds man has been paid £8,500 compensation by his employer after suffering an accident at work three years ago. The man was working as a foreman electrician, installing a fire alarm system in a factory building at an industrial estate.
A..
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01 October 2004
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170 - 01 October 2004
£700,000 for woman hit by car
A woman who was hit by a car as she crossed a road in central London has received £700,000 in compensation. She suffered serious injuries and was medically retired from her job as a customs officer. She took the driver to court and his insurers..
Online Published Date:
01 October 2004
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170 - 01 October 2004
Music student loses tip of thumb
A music student working part time in a chip shop in Sheffield has received £5,000 in compensation after a potato-slicing machine amputated the tip of his left thumb.
He has not returned to work in the chip shop and the accident has had a..
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01 October 2004
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170 - 01 October 2004
Hospital cleaner exposed to asbestos
The family of a woman who died after being exposed to asbestos at a hospital have won compensation. The woman, who was a cleaner at the hospital from 1978 to 1981, was diagnosed with malignant mesothelioma in 2002.
She believed that she contracted..
Online Published Date:
01 October 2004
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170 - 01 October 2004
Fire brigade sues government over asbestos
A fire brigade is suing the government for not warning firefighters about the dangers of asbestos. A member of the Merseyside Fire Service died in 2002 from an asbestos-related illness. While the service has admitted liability for his death, it says..
Online Published Date:
01 October 2004
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170 - 01 October 2004
Sacked for removing safety gear on hot day
Road workers who were sacked for taking off safety gear on a hot day are taking their case to an employment tribunal. The three workers are claiming unfair dismissal after they were photographed by a health and safety officer and sacked for gross..
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01 October 2004
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170 - 01 October 2004
Football fan may sue over stabbing
A Millwall football fan is considering legal action over the lack of security during the UEFA cup tie in Hungary which resulted in his being stabbed in the head and back. UEFA is to discuss the security arrangements at the match. The fan said he is..
Online Published Date:
01 October 2004
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170 - 01 October 2004
Misdiagnosis of cancer lump
A family is considering legal action against an NHS Trust over the misdiagnosis of cancer. A 27 year old woman was diagnosed with a cyst by her GP after she found a lump in her breast in August 2003. It was not until December 2003 that the lump was..
Online Published Date:
01 October 2004
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170 - 01 October 2004
Climbie social worker claims unfair dismissal
The social worker in the Victoria Climbie case is claiming unfair dismissal from her council employers. She says she was “hung out to dry” by her former employers after the girl’s murder, and made a scapegoat. She was sacked for..
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01 October 2004
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170 - 01 October 2004
Insurers to pay out $1.5bn for sexual abuse by US priests
Insurers for the Roman Catholic Archdiocese of Los Angeles could pay as much as $1.5bn to victims of sexual abuse by priests, according to a report in the Los Angeles Times. The plaintiffs’ attorney said that the payout was based on his..
Online Published Date:
01 October 2004
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170 - 01 October 2004
Hatfield driver wins stress award
A train driver who suffered post trauma stress as a result of the October 2000 Hatfield derailment has won compensation for loss of earnings, expenses and pension losses arising from delayed qualification. The driver was diagnosed as suffering acute..
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01 October 2004
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170 - 01 October 2004
DRC accused of disability and sex discrimination
The Disability Rights Commission has been accused of disability and sex discrimination. A former employee has taken the commission to an employment tribunal, also alleging constructive dismissal. He alleges that he was forced to resign after he was..
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01 October 2004
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170 - 01 October 2004
Wrong drug resulted in birth defect
A hospital trust has admitted responsibility for a baby who was left severely brain damaged after a drug was wrongly given to his mother during his birth. The 18 month old child has a severe form of cerebral palsy and epilepsy, and requires 24-hour..
Online Published Date:
01 October 2004
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170 - 01 October 2004
Wrong nebulizer caused baby death
A coroner has returned a verdict of accidental death contributed to by neglect in the case of a four-month-old baby that died after the wrong nebulizer tube was used. Instead of helping him breathe, it blocked his throat. The baby was recovering..
Online Published Date:
01 October 2004
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170 - 01 October 2004
GP sued over failed vasectomies
..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
Settlement for sexual abuse
A man with Down’s syndrome has received an out-of-court settlement following his allegations that he had been sexually abused at a residential care home run by the local council. The abuse took place between 1997 and 1999. He was left with..
Online Published Date:
01 October 2004
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170 - 01 October 2004
Fair dismissal in HIV teacher case
A claim for unfair dismissal has been rejected in the case of a teacher who claimed he was sacked from a private school after telling the head he was HIV positive. The head insisted that she had not told the school board of his HIV status. An..
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01 October 2004
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170 - 01 October 2004
Cinema couple unfairly dismissed
A couple have won a claim for unfair dismissal after they were forced to resign as cinema managers after their relationship became public. The couple were told by their bosses to either split up, resign, or transfer to another cinema. The couple..
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01 October 2004
Appeared in issue:
170 - 01 October 2004
Epilepsy drug blamed for birth defects
A group of women who took epilepsy medication while pregnant, and who claim the drug harmed their children, are suing for damages. The children have foetal anticonvulsant syndrome (FACS), which can involve physical and learning difficulties.
The..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004
Fixed success fees for EL accident cases
Fixed success fees have been extended to the estimated 48,000 annual claims brought for accidents at work. Civil Justice Minister David Lammy said that the move would bring further stability, certainty and transparency to conditional fee..
Online Published Date:
01 October 2004
Appeared in issue:
170 - 01 October 2004