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Funding Litigation with Legal Expenses Insurance
13 November 2002 • Lloyd’s
Details and registration facility appear on the Insurance Market Conferences • Website:
www.risksociety.com • Tel/fax 01491 872839
Developments in..
Online Published Date:
01 November 2002
Appeared in issue:
148 - 01 November 2002
Back-up D&O from AIG
A new product from AIG, tailored for independent directors or corporations who lose their normal D&O cover in the course of a lawsuit. But only available to those who meet “best practices” standards.
AIG has also launched excess of..
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01 November 2002
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148 - 01 November 2002
Moody’s ups Lloyd’s loss forecast
Moody’s has raised its loss forecasts for Lloyd’s 2000 and 2001 years of account to £2.4bn and £2.6bn respectively, together more than £1.3bn higher than Lloyd’s own estimates. These mainly stem from 11 September..
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01 November 2002
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148 - 01 November 2002
Lloyd’s criticised on directives, but no action on asbestos handling
A report published by the European Parliament criticises Lloyd’s for failure to regulate in accordance with EU insurance directives. “The question must arise whether [names] are entitled to compensation for loss suffered as a result of..
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01 November 2002
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148 - 01 November 2002
Conveyancing risk for solicitors
Conveyancing continues to feature more frequently than any other single matter in indemnity claims against solicitors. Figures compiled by insurance brokers Alexander Forbes for 2000–2001 show that 42% of all professional indemnity (PI)..
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01 November 2002
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148 - 01 November 2002
New York firms file to beat deadline
An increasing number of New York firms that suffered losses from 11 September events are filing suits against insurers. Some are losing patience, others ensuring they do not fall foul of limitation. Many of these suits relate to business..
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01 November 2002
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148 - 01 November 2002
Single occurrence ruling
New York Judge Martin has ruled that under policies written by three insurers, Royal & SunAlliance’s Royal Indemnity unit, Hartford Fire and St Paul Fire & Marine, the destruction of the World Trade Center was a single occurrence...
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01 November 2002
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148 - 01 November 2002
Slave-profits under attack
A class action suit filed in California seeks individual reparations for direct descendants of slaves. This differing from other claims for reparation to be paid into various welfare funds.
Unspecified damages are sought from corporations including..
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01 November 2002
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148 - 01 November 2002
Holocaust deal struck with German defendants
The International Commission of Holocaust Era Insurance Claims (ICHEIC) has struck a US$275mn deal with the German foundation consisting of representatives of government and insurance companies.
This will provide compensation for survivors seeking..
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01 November 2002
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148 - 01 November 2002
Tobacco update
Punitive award of US$28bn damages
to be appealed by Philip Morris. This by a Californian jury to 64-year-old Betty Bullock suffering from lung cancer. Starting smoking when she was 17 she claimed she became addicted due to misleading..
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01 November 2002
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148 - 01 November 2002
Uniform compensation for crime?
The European Union is proposing a directive which would require member states to provide common minimum standards of public compensation for the victims of crime. This to exclude non-intentional crimes such as road accidents and offences against..
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01 November 2002
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148 - 01 November 2002
Personal injuries assessment board
The Irish government is to launch a new Personal Injuries Assessment Board (PIAB) before year-end. Aiming for a substantial cut in legal costs in personal injury cases, it will include all 67 recommendations of the Motor Insurance Advisory Board...
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01 November 2002
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148 - 01 November 2002
Action, and u-turn, on corporate killing
A letter sent to trade unions and companies in high risk industries requesting help in completing an impact assessment shows some movement on the “corporate killing” front.
However, this appears to be watered down from legislation put on..
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01 November 2002
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148 - 01 November 2002
M&A litigation on the rise
A survey of 100 corporate executives and merger and acquisition (M&A) practitioners, sponsored by law firm Herbert Smith, showed that litigation involving mergers and acquisitions is on the increase. 70% of respondents said they would consider..
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01 November 2002
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148 - 01 November 2002
CPR evaluation
A report by the Lord Chancellor’s Department, ongoing evaluation of the civil procedure rules (CPR), shows a drop in claims, a rise in early settlements, a shortening of time between issue and hearing but a levelling off of alternative dispute..
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01 November 2002
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148 - 01 November 2002
Study of expanded “small claims” levels
Government sponsored research carried through by Professor John Baldwin of Birmingham University found that court hearings facilitated by the expanded “small claims” limit from £3,000 to £5,000 have been “absorbed without..
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01 November 2002
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148 - 01 November 2002
TAG arrangements under conditional fee rules
While English v Clipson
will not go to appeal, the vexed questions raised of whether the Law Society’s TAG (The Accident Group) arrangements are enforceable under the Conditional Fee Agreements Regulations 2000 and whether solicitors have the..
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01 November 2002
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148 - 01 November 2002
Axcess legal
This a new claims management company, set up by Colin Poole (senior partner in Shropshire-based law firm Poole & Co and one of the co-founders of Claims Direct). Axcess Legal will operate from hired space in Claims Direct’s former..
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01 November 2002
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148 - 01 November 2002
Crash cost in the US
A study by the Insurance Institute for Highway Safety claims that the cost of car crashes rose by 50% between 1996 to 2000 to US$230.6bn.
This is itemised in relation to lifetime economic loss from 41,821 deaths, 5.5mn injuries and 28mn vehicles..
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01 November 2002
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148 - 01 November 2002
Leasing company, not driver, pays
A Rhode Island jury has awarded US$28mn to a woman seriously injured in car accident. But the damages will be paid by the leasing company that owned the vehicle, not the driver.
In some states including Rhode Island, Maine, Maryland and New York..
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01 November 2002
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148 - 01 November 2002
Insurers pay half where cause uncertain
..
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01 November 2002
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148 - 01 November 2002
No insurer challenge permitted
The Supreme Court of India has ruled that general insurance companies cannot challenge the level of compensation awarded by Motor Accident Claims Tribunals where the insured has not appealed. This decision, in National Insurance v Nicolletta..
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01 November 2002
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148 - 01 November 2002
Bar owners in court for customers’ drink-driving
French prosecutors have, in the last week, brought criminal charges against bar owners as part of action of drink driving. This part of new efforts to improve road behaviour, with alcohol believed implicated in at least 8,000 deaths on French roads..
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01 November 2002
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148 - 01 November 2002
New cars’ whip-lash risk
Research by the motor insurers’ facility at Thatcham has found that more than a quarter of new cars give drivers and passengers inadequate protection from whiplash injury in low-speed collisions. More than 250 models were tested and found to..
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01 November 2002
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148 - 01 November 2002
RoSPA calls for fleet reviews
The Royal Society for the Prevention of Accidents (RoSPA) has called on motor insurers to review systems used by fleet operators for managing the occupational risk of road accidents before setting fleet premiums. Accidents while driving at work are..
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01 November 2002
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148 - 01 November 2002
Financial fraud creates liabilities
The deluge of revelations of financial shenanigans points to an equal potential for liability claims, against corporations and their officers, auditors and accounts, regulators and more. Some have already been launched, others may never see the..
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01 November 2002
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148 - 01 November 2002
£307,000 compensation not too painful?
Credit Lyonnais has been ordered to pay £307,000 in compensation to a French couple who, while living on state benefits, engaged in a £19mn stock-market binge leaving them with debts of around £300,000.
A financial adviser from the..
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01 November 2002
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148 - 01 November 2002
Executives unprepared for risk of prison
Not from the watered-down proposals of legislation on corporate killing (see Legal Moves) but from the effects of the Competition, Data Protection and Proceeds of Crime Acts and the enterprise bill.
The according to a survey conducted by the London..
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01 November 2002
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148 - 01 November 2002
MyTravel allegations
The troubled MyTravel Group, having revealed a £50mn hole in its current accounts which it attributes to “aggressive” accounting methods during the current year, faces further allegations. Former internal audit manager, Iain..
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01 November 2002
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148 - 01 November 2002
Pro-active financial regulation
..
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01 November 2002
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148 - 01 November 2002
Company sues shareholders
In a reversal of the usual trend, shareholders in leisure group, 10 Group, face suits by the company over postings to an online chatroom of defamatory comments about the chairman, following a drop in share value. This was made possible by a High..
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01 November 2002
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148 - 01 November 2002
Equitable Life and other GAR problems
Up to 70,000 former policyholders who bailed out before the compromise deal of January 2002 may be eligible for compensation according to study on behalf of actuaries B&W Deloitte. As a result Equitable is reported to be considering another..
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01 November 2002
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148 - 01 November 2002
20% bullied
A survey by Mercer Human Resource Consulting suggests that more than one in five of employees claim to have been bullied during the past year. Based on a sample of 3,500 employees, bullying was found to be most entrenched in the public health..
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01 November 2002
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148 - 01 November 2002
Interview risk
Warning issued by employment law experts Thomas Eggar of the need to protect against sex and race discrimination charges linked to job interviews. “Employers assessing candidates should have a contemporaneous written record of why the person..
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01 November 2002
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148 - 01 November 2002
Disability rights commission
The annual report of the Disability Rights Commission (DRC) shows a rise in funded legal cases up by 56% from 41 to 64. Two-thirds of these were employment-related and the rest covered access to goods and services.
Earlier this year more than 40 law..
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01 November 2002
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148 - 01 November 2002
Fixed term employees regulations, and other measures, in force
From 1 October 2002, these regulations bring in new rights for workers on fixed term contracts. Specifically, they may not be treated less favourably than permanent employees, “unless there is a genuine objective justification for the..
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01 November 2002
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148 - 01 November 2002
Nurse wins damages without specifying causative incident
In what is believed to be the first such case, a nurse has won substantial damages for back injury resulting from the poor working conditions and lack of lifting equipment at her place of work. In the past such claims have had to show a specific..
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01 November 2002
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148 - 01 November 2002
Fire control risk?
In the run-up to the threatened strikes by firemen a number of other Unions are voicing fears for their members’ safety if reliant only on army-manned services. While, to some extent, this is clearly part of the bargaining process, there are..
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01 November 2002
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148 - 01 November 2002
Network rail monitors appointed
Rail Regulator Tom Winsor has appointed a team of independent engineers to monitor the rail network under its new owner, Network Rail. These include Halcrow Group and Mouchel Consulting, the latter to advise on the accuracy of data supplied by..
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01 November 2002
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148 - 01 November 2002
Railtrack safety plans
Shortly before its replacement by Network Rail, Railtrack has made known its plans to improve maintenance, through cutting the use of subcontractors and establishing higher minimum skills requirements. It includes plans to recruit 200 additional..
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01 November 2002
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148 - 01 November 2002
Accident assessment tool
The European Agency for Safety & Health at Work has produced a tool to assist businesses to assess the entire impact of workplace accidents. A new software-based system, on line, An inventory of socio-economic costs of work accidents
is..
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01 November 2002
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148 - 01 November 2002
HSE “stress” website
..
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01 November 2002
Appeared in issue:
148 - 01 November 2002
Safety is no accident
Genuine and fraudulent slip and trip accidents cost around £700mn in the UK alone, according to Health & Safety Executive figures. To help build a comprehensive understanding of the factors contributing to such accidents the Plymouth..
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01 November 2002
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148 - 01 November 2002
Risk management in Europe
A survey of risk management practice and approach in medium-sized businesses in Europe, with a special section on the UK, has been published by Marsh. Findings include lack of formal risk policy in half the companies and one-third failing to review..
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01 November 2002
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148 - 01 November 2002
New risk management standard
Three UK risk management associations have joined together to produce a new risk management standard. The Assn of Insurance & Risk Managers, the Assn of Local Authority Risk Managers and the Institute of Risk Management hope that it will be..
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01 November 2002
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148 - 01 November 2002
Simplified Health & Safety legislation
The Health & Safety (Miscellaneous Amendments) Regulations 2002 came into force on 17 September 2002, the purpose to make the regulations “more accessible to employees, who have important rights and obligations” thereunder...
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01 November 2002
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148 - 01 November 2002
US liability limits renewed
A congressional committee has agreed to renew liability limits for accidents at nuclear power plants, originally set under the Price-Anderson Act of 1957, and continue the federal programme covering nuclear plants for a further 15 years. The..
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01 November 2002
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148 - 01 November 2002
Rights of disabled passengers
A useful overview of this matter, increasingly likely to lead to claims of discrimination against air carriers, appeals in the latest issue of BLG Aviation News (tel 020 7247 2277).
Noting that the long-established position on contract to carry..
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01 November 2002
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148 - 01 November 2002
Defibrillators save seven
And that is just at Phoenix Sky Harbor Airport. Introduced in February 2001, they have now been used successfully for seven heart attack victims.
Good news for those who benefit but, now that their use is manifest, a wake-up call to other airports..
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01 November 2002
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148 - 01 November 2002
New rules of seat safety
The Federal Aviation Administration (FAA) has put forward proposals for improved aircraft seat safety. New seats, to be installed over the next 14 years at an estimated cost of US$519mn, would give improved head protection, better belts and be more..
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01 November 2002
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148 - 01 November 2002
Call for “inerting” systems
In an article appearing in New Scientist of 5 October 2002, aeronautical engineer at the University of Michigan, William Kauffman, argues the need to implement the 1996 recommendations of the US National Transportation Safety Board. These stemmed..
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01 November 2002
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148 - 01 November 2002
Italian decision removes Warsaw protection
In a rare decision of a European court on the applicability of Article 25 of the Warsaw Convention, the Tribunale Civile of Milan ruled for payment of compensation without limitation by Article 22 in respect of the 167 passengers and crew who died..
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01 November 2002
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148 - 01 November 2002
EC proposes new insurance requirements
The European Commission has proposed new legislation to bring in compulsory minimum insurance requirements for all air carriers and operators within, in or out of, or over all EU territories.
This will require that all carriers be insured for..
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01 November 2002
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148 - 01 November 2002
Airlines back to the market
Despite the distress of airports and airlines, claiming that they are unable to obtain sufficient, or affordable, third-party war and terrorism cover, the European Commission has remained intransigent that national governments should stop providing..
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01 November 2002
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148 - 01 November 2002
Jones Act can apply to non-seagoing vessels
Where a seaman was injured aboard a barge, incapable of navigating open seas but routinely towed to different ports, he would be eligible for benefits under the Jones Act. This the decision of the 9th US Circuit Court of Appeals overturning a lower..
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01 November 2002
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148 - 01 November 2002
Liability for multi-modal transportation
..
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01 November 2002
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148 - 01 November 2002
Power line cuts milk yield
Farmers Daniel and Colleen Martins have been awarded US$700,000 damages against Interstate Power Co. This in the Iowa Supreme Court on their 1989 allegation that the company’s power lines caused a decrease in their cows’ milk yield. Milk..
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01 November 2002
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148 - 01 November 2002
Weedkillers disrupt reproduction
Research by a team led by Warren Porter of University of Wisconsin-Madison on off-the-shelf weedkillers widely used by farmers and gardeners found that very low chemical levels disrupted animal reproductive systems. This through drinking water..
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01 November 2002
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148 - 01 November 2002
Pesticide exposure
An article in the October issue of US publication Risk Management Magazine (www.remag.com) focuses on changes in exposure tests. A new approach comes from a joint study by the Environmental Protection Agency and Stanford University on the effects of..
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01 November 2002
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148 - 01 November 2002
Soil association study of GM economics
A study by the Soil Association, Seeds of Doubt, claims that genetically modified (GM) crops have been an “economic disaster” in the US, costing US$8bn in lost profits and higher subsidies since 1999. Farmers have reported lower yields..
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01 November 2002
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148 - 01 November 2002
Poor registration for air sampling
Shortly before the final date of registration for free air sampling and cleanup less than 4,000 of an eligible 20,000 households in the WTC area had registered.
Separately, air quality monitoring by the Centre for Disease Control in September and..
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01 November 2002
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148 - 01 November 2002
Construction companies seek to form captive
Construction companies involved in the excavation of the World Trade Center site are negotiating the formation of a federally funded captive insurer to handle liability claims which may arise.
They were unable to obtain insurance cover at the time..
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01 November 2002
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148 - 01 November 2002
Abuse by clerics
The Catholic church in the US, struggling to clear the ever-growing claims of sexual abuse by clergy, has met with additional problems from the Vatican. The latest settlement, for abuse of 16 plaintiffs by eight priests in New Hampshire between 1957..
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01 November 2002
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148 - 01 November 2002
D&O exclusion clarified
A Florida federal court has clarified the exclusion rules in directors and officers (D&O) insured v insured cases. Coverage is barred for suits filed against a company by any former director or officer, even where that person is alleged to have..
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01 November 2002
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148 - 01 November 2002
Changes in class action rules
A group of 27 federal judges has proposed changes in the rules for US class actions so as to protect the interests of individual plaintiffs. Following 10 years of study, these are the most far-reaching proposals since 1966. A key proposal is to all..
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01 November 2002
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148 - 01 November 2002
Tort law reversal in Florida
The controversial law of 1999 which shielded businesses from some claims and punitive damages is back in Yo-yo mode. Several recent cases and trial judges have held its terms as unconstitutional, but now the Florida First District Court of Appeal..
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01 November 2002
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148 - 01 November 2002
Verdict favours Union Carbide
A Minnesota jury has issued a verdict in favour of Union Carbide in a suit in which ceiling tile manufacturer Conwed Corp had sought to recover its contribution to a fund for six employees exposed to asbestos fibres through substances supplied by..
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01 November 2002
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148 - 01 November 2002
Cape claimants challenge Gencor scheme
Over 7,000 unpaid asbestos victims have joined the legal challenge to the “unbundling” of South African mining group, Gencor, along with former employees involved in the asbestos operations of Gencor’s former subsidiary Gefco. A..
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01 November 2002
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148 - 01 November 2002
Mega-trial goes ahead, with single defendant
The US Supreme Court rejection of every challenge put forward by the 259 defendant companies to a trial of around 10,000 consolidated claims was followed by a sudden spate of settlements.
Honeywell led on undisclosed terms, though still facing..
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01 November 2002
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148 - 01 November 2002
BSE, CJD and OPs
The Food Standards Agency has confirmed
that between 1980 and 1995 some 5,000 tonnes of beef slurry was used in cheap food (fed to school children and hospital patients and maybe baby food). The Spongiform Encephalopathy Advisory Committee will use..
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01 November 2002
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148 - 01 November 2002
Product liability in the Netherlands
..
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01 November 2002
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148 - 01 November 2002
NHTSA roll-over tests to go ahead
The National Highway Transportation Safety Association (NHTSA) has put forward firm proposals for the long-awaited tests to measure roll-over risk in new vehicles. These will involve light trucks as well as cars, driven by computers at highway..
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01 November 2002
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148 - 01 November 2002
Doctor’s claim rejected
Judge Catherine Blake of the Federal District Court in Baltimore has thrown out the suit brought by Dr Christopher Newman against Motorola, alleging that he developed brain cancer from mobile phone use and seeking damages of US$800mn.
It was ruled..
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01 November 2002
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148 - 01 November 2002
Mobile phone cancer link
The European Journal of Cancer Prevention has recently published a study concluding that extensive use of earlier models of mobile phones could increase risk of brain cancer by 80%. Swedish scientists examined diagnoses of 1,617 patients with brain..
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01 November 2002
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148 - 01 November 2002
GMO directive in force
EU Directive 2001/18/EC came into force on 17 October, updating and strengthening existing processes for the control of genetically modified organisms (GMOs) and replacing the earlier Directive. The new regulations require:
the carrying through of..
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01 November 2002
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148 - 01 November 2002
Class action of 700,000 doctors
US Federal Judge Frederico Moreno has granted class action status to a suit filed by 700,000 doctors against leading health management organisations, alleging widespread abuses. These include Aetna, United Healthcare, CIGNA, Humana Health Plan Inc..
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01 November 2002
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148 - 01 November 2002
Breast implant settlement approved
Dow Corning’s US$9.8mn breast implant settlement has been approved by US District Court Judge Denise Page Hood of Detroit.
The terms prevent the government from seeking additional compensation from bankrupt Dow Corning while remaining free to..
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01 November 2002
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148 - 01 November 2002
Another blood transfusion risk
Transmission-related acute lung injury (TRALI) is seen as an under-recognised and preventable hazard, possibly accounting for 500 fatalities a year in the US, according to researchers (details in New Scientist 28 September 2002). The condition,..
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01 November 2002
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148 - 01 November 2002
Distilbene: development risk defence in France
Marketed in the late 1960s as a treatment for possible miscarriage, UCB Pharma’s “Distilbene” was subsequently found likely to cause abnormalities or cancer in the child exposed in utero
.
It was established that the plaintiff..
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01 November 2002
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148 - 01 November 2002
Effects of smallpox vaccine
The Wall Street Journal reports that the White House, in considering distribution of smallpox vaccine if a bioterror attack is suspected, is also considering the possible side effects thereof. Specifically, consideration of a compensation scheme for..
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01 November 2002
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148 - 01 November 2002
Lack of stated destination removes liability
A cargo-carrying ship mysteriously disappeared during the voyage and claim made for loss of that cargo. However, as no destination had been stated, under section 44 of the Marine Insurance Act of 1906 the risk did not attach in respect of the voyage..
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01 November 2002
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148 - 01 November 2002
Contract not subject to recision despite common mistake
A contract for a vessel to escort a badly damaged ship remained valid, and payment due, despite both parties having erroneously believed that the vessels were in close proximity.
Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd..
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01 November 2002
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148 - 01 November 2002
Registrar as employee
Echoing questions of whether the clergy are “employees”, the Employment Appeal Tribunal accepted – while holding the situation to be “highly unsatisfactory” – argument that, holding office “during the..
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01 November 2002
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148 - 01 November 2002
Continuous employment despite transfer
Staff employed by a local authority who were seconded, and later transferred, to a City Technical College, were to be treated as having retained continuity of employment.
Astley and others v Celtec Ltd • Court of Appeal • The Law Society..
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01 November 2002
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148 - 01 November 2002
Wage comparison with different employer invalid
In an equal pay dispute, comparison between the pay received by female workers with that received by males doing work of equal value, but employed by the women’s previous employer, was invalid.
Lawrence and Others v Regent Office Care Ltd and..
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01 November 2002
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148 - 01 November 2002
TUPE does not create claim of constructive dismissal
Joined appeals against the Rossiter decision of 2001 found that the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) were not intended to create a new right to claim for constructive dismissal. The EAT went too far in its..
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01 November 2002
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148 - 01 November 2002
Fair dismissal for pornography
Use of an office computer to access hard-core pornography during working hours constituted gross misconduct. Dismissal was a reasonable response by the employer.
Allowing the employer’s appeal against a tribunal finding of wrongful dismissal,..
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01 November 2002
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148 - 01 November 2002
No disability, no hearing for Rights Commission
An employee claimed that he had suffered discrimination because of disability but the tribunal (and two subsequent appeal forums) found no disability. Therefore the Disability Rights Commission was not entitled to make representations at a hearing..
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01 November 2002
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148 - 01 November 2002
No liability where claimant concealed condition
In a stress claim by a Council case manager, the claimant had concealed the number of hours she worked and when given a two-week sick note by her GP for stress insisted that he record “neuralgia”. Eventually the level of work and..
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01 November 2002
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148 - 01 November 2002
Tribunal comments
Comments by an employment tribunal, referring to undue sensitivity or hypersensitivity, were best avoided. This in dismissing an appeal by the plaintiff against dismissal of a complaint of sexual discrimination. In delivering its decision a tribunal..
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01 November 2002
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148 - 01 November 2002
Psychiatric injury claim based on employer’s breach of trust and confidence
Held that a common law claim for damages for psychiatric injury, based on alleged breach of implied term of trust and confidence by an employer, was precluded by the House of Lords decision in Johnson v Unisys Ltd
(2001). This even where the..
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01 November 2002
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148 - 01 November 2002
Onus on defendant to show refusal to undergo medical treatment was unreasonable
Where a defendant argued that refusal of medical treatment amounted to failure to mitigate damage, the onus was on the defendant to prove the matter, not on the plaintiff to justify their refusal.
Geest plc v Lansiquot • Privy Council •..
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01 November 2002
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148 - 01 November 2002
Exemplary damages in medical negligence
A woman who developed cancer, after misreporting of cervical smear analysis by a pathologist, appealed against refusal to grant her a retrial of claim for exemplary damages after new evidence emerged showing the pathologists gross incompetence...
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01 November 2002
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148 - 01 November 2002
Satisfactory quality of goods
In assessing the satisfactory quality of goods a court must consider whether a “reasonable person” would regard them as satisfactory within the circumstances of the individual buyer and transaction. Domestic boilers were at issue and,..
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01 November 2002
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148 - 01 November 2002
Newspaper entitled to undeceive on a public figure
This the decision in favour of the Mirror Group’s appeal against damages awarded to a fashion model in respect of the publication of information about her attendance at a drug treatment centre.
Justified, in the circumstances, where showing..
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01 November 2002
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148 - 01 November 2002
Law partners can reclaim firm’s costs in their successful defence
Where the partner in a law firm is successfully defended by members of that firm, these costs can be reclaimed. Further, where partnership deeds provide that partners will not be charged for such services except where costs are recovered, this does..
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01 November 2002
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148 - 01 November 2002
Solicitors’ costs
A county court ruled in favour of the claimant and awarded damages against the unsuccessful party of £1,800 with costs of £5,500. The solicitors, however, claimed over £20,000 from their successful client although at the start of the..
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01 November 2002
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148 - 01 November 2002
Lost chance must have some value
Where a client claims that a solicitor’s negligence has led to a lost chance of pursuing a claim, it was held that, as a first step, the client must establish that the lost chance had some value.
Hatswell v Goldbergs • Court of Appeal..
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01 November 2002
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148 - 01 November 2002
Cost assessment
Where costs awarded, on application of one party, against the other party and subsequent sealed court order provided this was the case, including “such costs to be assessed if not agreed” this means that all, not part, of the costs were..
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01 November 2002
Appeared in issue:
148 - 01 November 2002
Late claims against broker
An attempt to claim against insurance brokers, after litigation between the parties concerned was disposed of without criticism of the broker, failed. The broker successfully defended on grounds of estoppel and abuse of process.
This case shows the..
Online Published Date:
01 November 2002
Appeared in issue:
148 - 01 November 2002
Limitation of action
Dismissing the claimant’s appeal against judicial decision that a claim for undiagnosed dyslexia was out of time, the court held that any decision to allow the claim to proceed should be taken with caution where the alleged harm had occurred..
Online Published Date:
01 November 2002
Appeared in issue:
148 - 01 November 2002
Criteria for disclosure
Where a party applied for disclosure of documents by a non-party to proceedings, to decide whether or not they supported its case, the court should consider whether the documents “might well” fulfil that requirement. The threshold..
Online Published Date:
01 November 2002
Appeared in issue:
148 - 01 November 2002
Uncertain value allows trial-mode choice to defendant
In an action seeking damages for the destruction of an experimental crop of genetically modified maize, as it was unclear whether the value thereof was more or less than £5,000, the defendants were entitled to choose the mode of trial.
Regina..
Online Published Date:
01 November 2002
Appeared in issue:
148 - 01 November 2002
Solicitors’ assignment of case
In assigning a property case to a competent corporate lawyer who, from his speciality was unaware of the time-critical nature of a break-option clause leading to a missed deadline, the assigning solicitors failed in their duty to their..
Online Published Date:
01 November 2002
Appeared in issue:
148 - 01 November 2002
Meaning of “administration”
Where a company carried out administrative duties in respect of a pension scheme, managed by others, this did not equate with being “concerned with the administration” of the scheme. This distinction was such as to preclude intervention..
Online Published Date:
01 November 2002
Appeared in issue:
148 - 01 November 2002
Double recovery, mitigation and Part 36 offers
In a case dealing with damages for professional negligence, three issues were scrutinised by the Court of Appeal.
After discussions with the defendant’s agent the plaintiff took out a £500,000 loan with the intention of clearing it..
Online Published Date:
01 November 2002
Appeared in issue:
148 - 01 November 2002
Pension mis-selling a single claim
Multiple cases of pension mis-selling by an insurer could constitute a single claim for purposes of professional indemnity cover. This in a preliminary ruling which would, if all cases of mis-selling proved to rise from a single cause such as poor..
Online Published Date:
01 November 2002
Appeared in issue:
148 - 01 November 2002
Personal injury interest calculation
Details of the various rates of interest applicable to differing heads of damage in personal injury awards appear in the Law Society Gazette of 17 October 2002. Supplied by Rodney Nelson-Jones of Field Fisher Waterhouse, they are supplemented by..
Online Published Date:
01 November 2002
Appeared in issue:
148 - 01 November 2002
Got a cough? Cough up!
A man claimed compensation for catching a cold from a doctor when he went to hospital for a pre-operation check-up, and due to the technicality of late response by the hospital trust was awarded £200. Unemployed, he claimed for pain and..
Online Published Date:
01 November 2002
Appeared in issue:
148 - 01 November 2002
Awards & settlements
Crushed by obese passenger in adjoining seat
a woman, still suffering the effects of her injuries, has achieved compensation of £13,000 plus £4,000 for medical treatment. Although she complained to cabin crew at the time, the flight was..
Online Published Date:
01 November 2002
Appeared in issue:
148 - 01 November 2002
A-level mess
As a result of the A-level furore, 360,000 papers from 90,000 students have been reassessed and 10,000 papers upgraded. This has led to the upgrade of almost 2,000 A-level grades, affecting just over 1,000 students, although most unit changes leave..
Online Published Date:
01 November 2002
Appeared in issue:
148 - 01 November 2002
Customs offer rejected
An offer of £5,500 compensation for the confiscation of car and tobacco by customs officials from cross channel shopper Paul Nevin has been rejected. This and similar cases arise from continued zeal by customs and excise in identifying those..
Online Published Date:
01 November 2002
Appeared in issue:
148 - 01 November 2002
Worth saving £7mn?
Judicial sympathy from Mr Justice Scott Baker, but no governmental ex gratia payment for 700 British citizens held in Japanese prisoner of war camps in the 1940s. The High Court ruling held that the “birth or blood link” to the UK was..
Online Published Date:
01 November 2002
Appeared in issue:
148 - 01 November 2002
Ejection from plane
..
Online Published Date:
01 November 2002
Appeared in issue:
148 - 01 November 2002
Airline passenger action
The first court action on “economy class syndrome” or deep vein thrombosis (DVT), brought by 33 plaintiffs against 21 airlines including BA and Virgin Atlantic, will be heard in the High Court in November. The case will hinge on failure..
Online Published Date:
01 November 2002
Appeared in issue:
148 - 01 November 2002
Disruption caused by adoption placement
A couple seek damages from Essex County Council alleging negligence in respect of lack of prior information on a child placed with them for adoption. It appears that he suffered from severe and violent behavioral problems which impinged on the..
Online Published Date:
01 November 2002
Appeared in issue:
148 - 01 November 2002
Potters Bar action
Victims of the Potters Bar rail crash have commenced action against Railtrack and Jarvis, having rejected their compensation offer partly because it omitted facing the issue of liability. They are also planning to sue the Health & Safety..
Online Published Date:
01 November 2002
Appeared in issue:
148 - 01 November 2002
Consumer association says 5mn endowment mortgages mis-sold
Research by the Consumer Association (CA) suggests that the number of customers mis-sold endowment mortgages and possibly in line for compensation could be as high as 5mn. Of their sample, 61% had been told the endowment would..
Online Published Date:
01 November 2002
Appeared in issue:
148 - 01 November 2002
Oh dear, it’s “diary time” again
Bored with sending, and receiving, seasonal diaries? Something noticeably different is the small book, An Introduction to Early English Law.
We see an earthy commonsense approach to the vicissitudes of life, many of which can easily be transposed to..
Online Published Date:
01 November 2002
Appeared in issue:
148 - 01 November 2002