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The Security Premium – is it worth it?
Although ratings should not be considered in isolation, they offer corporate insurance buyers a useful guide to the financial strength of (re)insurers. Ratings agencies such as Standard & Poor’s, Moody’s, AM Best and Fitch..
Online Published Date:
01 August 2003
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157 - 01 August 2003
Insurer Security in the Spotlight
By Dr Deborah J Pretty, Principal, Oxford Metrica
The insurance industry faces significant exposure to long-tail liabilities. When combined with the uncertainty surrounding both ultimate cost and longevity, these risks pose challenging reserving..
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01 August 2003
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157 - 01 August 2003
US insurers increase reserves by $22.1bn
A study by Weiss Ratings has found that in 2002 US property/casualty insurers increased reserves for prior-year paid and unpaid claims by $22.1bn, compared to $11.7bn in 2001. Weiss said that this increase in reserves is the largest by the US..
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01 August 2003
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157 - 01 August 2003
European reinsurers in asbestos exclusion
European reinsurers, including Swiss Re and Munich Re, are moving towards asbestos exclusions for public liability classes. Indeed, many are already excluding asbestos claims from liability business. The UK has been hardest hit and primary insurers..
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01 August 2003
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157 - 01 August 2003
Aon and Brit in PI arrangement
Aon and UK general insurer Brit have formed an exclusive arrangement to provide professional indemnity (PI) insurance for law firms of between 11–25 partners.
The arrangement, between Aon Professional Risks and Brit, will see the insurer..
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01 August 2003
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157 - 01 August 2003
Dual acquires Ace Corporate Risks
Dual International, a leading underwriting agency specialising in directors & officers (D&O) and professional indemnity (PI) insurance, has acquired Ace Corporate Risks, which underwrites D&O, liability and indemnity covers. The new..
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01 August 2003
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157 - 01 August 2003
BIBA and CNA offer D&O online
The British Insurance Brokers’ Association (BIBA) has joined up with CNA Insurance to launch a new web-based directors’ & officers’ liability solution. It is described as a ‘complete online solution for directors’..
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01 August 2003
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157 - 01 August 2003
Syndicate pulls out of aviation
Trenwick’s Lloyd’s syndicate 839 is to cease underwriting aviation business because of lower premium capacity for 2004. Under a new capital provider, it is expected that capacity will be lower than the current £328mn. General..
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01 August 2003
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157 - 01 August 2003
Pollution claim dismissed
The Financial Times
has reported that a court in the US has dismissed the bulk of a claim by a US utility servicing firm against Lloyd’s and London market insurers over the cost of clearing up contaminated sites.
The underwriters were being..
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01 August 2003
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157 - 01 August 2003
No money, no stress
First, the good news. There is at last, a cure for work-related stress. Now, the bad news. The cure is to have a relatively low-paid job. A report has found that the secret to a stress free, happy life, is less responsibility, less working hours,..
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01 August 2003
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157 - 01 August 2003
Re/Insuring Asbestos Liabilities
25-26 September 2003 • Practical advice about cover, claims and exit strategies in the UK, US and Europe • Cafe Royal, London Day one focuses on asbestos in the future – how to re/insure asbestos that still exists in property. Day..
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01 August 2003
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157 - 01 August 2003
Liability Insurance: The History of the Future
9–11 September 2003 • Queens’ College, Cambridge • The Tenth Liability Underwriters Group Conference • The programme includes Master Classes; Legal developments in Psychiatric Injury Litigation; Genetic Engineering and..
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01 August 2003
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157 - 01 August 2003
New legal strategy for CRE
The Commission for Racial Equality (CRE) has announced its intentions to get tough on serial litigants by ensuring they receive swift rejection in the future.
‘Serial litigants are an unproductive drain on the CRE’s limited resources and..
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01 August 2003
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157 - 01 August 2003
Government consults on simpler CFA
The Government has published a consultation paper on how Conditional Fee Agreements can be made simpler and more transparent and what levels of consumer protection are needed for the future.
David Lammy MP, Parliamentary Under-Secretary at the..
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01 August 2003
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157 - 01 August 2003
Combined ratio improves for US insurers
The US property/casualty industry’s combined ratio improved about 2.6 points to 99.7% for the first quarter in 2003, the industry’s strongest first-quarter underwriting performance in the most recent five-year period, according to a..
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01 August 2003
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157 - 01 August 2003
Risk managers concerns highlighted
A survey of risk managers conducted by AIRMIC has found that 76% of risk managers surveyed were dissatisfied or very dissatisfied with the availability of commercial insurance. The survey also found that 77% were dissatisfied or very dissatisfied..
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01 August 2003
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157 - 01 August 2003
EL in terminal decline says AIRMIC chairman
Delegates at the Annual Conference of the Association of Insurance and Risk Managers (AIRMIC) were told by their chairman, David Ireland, that the current system of employers’ liability (EL) insurance is ‘in terminal decline’ and..
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01 August 2003
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157 - 01 August 2003
AXIS to offer D&O from Bermuda
AXIS Capital Holdings is to provide directors & officers (D&O) liability insurance and other financial lines coverages through its Bermuda-based subsidiary, AXIS Specialty Limited, a registered Class 4 Bermuda insurer and reinsurer. AXIS..
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01 August 2003
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157 - 01 August 2003
Driving with a mobile banned
Driving while using a hand-held mobile phone is to become a specific offence from 1 December 2003. Initially offenders will be subject to a £30 fine, which can be increased to a maximum fine of £1000 if the matter goes to court. The..
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01 August 2003
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157 - 01 August 2003
Spam lawsuits from Microsoft
Microsoft Corp has filed 15 cases in the US and the UK against alleged spammers. The company said the lawsuits were part of its commitment to working with government and industry to address the spam problem, and to help protect consumers against..
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01 August 2003
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157 - 01 August 2003
RICS in defence fund
The Royal Institution of Chartered Surveyors (RICS) has established a defence fund to protect members against lawsuits. The defence fund was set up in preference to a professional indemnity insurance scheme, which would have been too costly for..
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01 August 2003
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157 - 01 August 2003
FSA reports on PI for IFAs
The Financial Services Authority (FSA) has published a feedback statement which sets out its vision of the key characteristics for the professional indemnity (PI) insurance market for independent financial advisers (IFAs).
The characteristics of a..
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01 August 2003
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157 - 01 August 2003
RICS research on conflict of interest
The Royal Institution of Chartered Surveyors (RICS) is publishing research ‘to pre-empt the possibility of a conflict of interest in the real estate consulting world developing into an Enron style debacle.’
The new research’s key..
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01 August 2003
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157 - 01 August 2003
Higgs report unrecognisable
Derek Higgs has said that the final version of his report would be re-written by the Financial Reporting Council and would be ‘unrecognisable.’
Speaking at the annual conference of the Institute of Chartered Accountants in England &..
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01 August 2003
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157 - 01 August 2003
Zurich launches Executive Assurance product
Zurich has launched ‘Executive Assurance,’ a product that protects both company directors and the business itself from liability claims, aimed at small to medium sized businesses.
According to Zurich, the policy is based around D&O..
Online Published Date:
01 August 2003
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157 - 01 August 2003
Half of UK directors ‘not familiar’ with their D&O insurance
A survey by CMS Cameron McKenna and the Institute of Directors (IOD) of UK executive and non-executive directors has found that two thirds of directors accept they should be liable when their negligence causes errors in company accounts, but..
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01 August 2003
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157 - 01 August 2003
Disabled man can challenge negative references
A disabled man has won the right to challenge a negative reference provided by his ex-employer in a landmark Law Lords ruling. Disabled people can now legally challenge the discrimination or victimisation they claim they face from former employers,..
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01 August 2003
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157 - 01 August 2003
Employers must control accident costs
Employers must understand and take control of their accident costs or they will lose control in the face of the claims culture, delegates at the AIRMIC conference heard. Gary Marshall, risk manager at The Polestar group, told a conference workshop..
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01 August 2003
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157 - 01 August 2003
Business support for corporate manslaughter bill
A survey by business information provider Croner has revealed that 84% of businesses support the draft bill on corporate manslaughter. The survey asked human resources professionals if the government should introduce a new law on corporate..
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01 August 2003
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157 - 01 August 2003
Work-related ill-health report from HSE
The Health and Safety Executive (HSE) has published a new report on the extent of work-related ill-health. The report, ‘Self-reported Work-related Illness in 2001/02 – Results of a Household Survey,’
The report reveals detailed..
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01 August 2003
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157 - 01 August 2003
First toxic mould lawsuit against airport
Denver International Airport is facing a class-action lawsuit over toxic mould. The lawsuit, the first of its kind against an airport, was filed on behalf of two airline employees, who have allegedly developed breathing problems caused by toxic..
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01 August 2003
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157 - 01 August 2003
Weiss Report on med mal questioned
The Weiss Ratings Report on Medical Malpractice Caps, which was used by Senate Democrats and others who oppose tort reform, is being questioned after the Medical Liability Monitor
(MLM), from whom Weiss obtained malpractice rate data, and the..
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01 August 2003
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157 - 01 August 2003
Food companies act on obesity
With the growing concerns over obesity levels, especially in the US, and the possible threat of related lawsuits, food manufacturers are beginning to take the issue seriously. For example, Kraft Foods, one of America’s largest food..
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01 August 2003
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157 - 01 August 2003
Damages in another sexual harassment
Five former waitresses and hostesses have won compensation and damages amounting to $1,550,000 in a sexual harassment lawsuit brought by the EEOC and a private law firm against a restaurant chain. The sexual harassment occurred from 1994 until early..
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01 August 2003
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157 - 01 August 2003
Sexual harassment case appeal succeeds
The US Court of Appeals for the Ninth Circuit has reversed a lower court’s dismissal of a US Equal Employment Opportunity Commission (EEOC) sexual harassment and pregnancy discrimination lawsuit against a law firm, and remanded the case for..
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01 August 2003
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157 - 01 August 2003
Med mal reform blocked in Senate
The US Senate bill which would have put a cap on monetary damages in medical-malpractice cases has been blocked by Democrats. The bill would have capped awards for non-economic damages at $250,000 and punitive damages at the greater of $250,000 or..
Online Published Date:
01 August 2003
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157 - 01 August 2003
Extra $45bn for trust fund
According to the Senate Judiciary Committee, businesses and insurers may have to contribute up to $135bn to the asbestos trust fund. In addition, private asbestos trusts will add $18bn. Originally, businesses and insurers were to pay $90bn, and it..
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01 August 2003
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157 - 01 August 2003
Asbestos fund under fire
USAction has urged members of the Senate Judiciary Committee to reject a proposal to substitute a trust fund for current and future litigation. USAction describes itself as a ‘progressive activist organization, dedicated to winning social,..
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01 August 2003
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157 - 01 August 2003
ABB asbestos settlement
An asbestos settlement has been approved by a US court that caps the liability claims of Swiss industrial firm ABB at $1.3bn. The settlement ring-fences the company from future asbestos claims and clear the way for an asset sale needed to cut the..
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01 August 2003
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157 - 01 August 2003
Public support for asbestos fund in US
There is strong public and union support for a legislative solution to the asbestos litigation crisis, according to a new study from the United States Chamber of Commerce.
The survey of labor union members and the general public found that an..
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01 August 2003
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157 - 01 August 2003
Ban smoking in public places says Chief Medical Officer
The Chief Medical Officer (CMO) has called for a ban on smoking in public places. In his annual report, the CMO says that a key part of tackling the health risks of smoking is protecting people, both smokers and non-smokers, from tobacco smoke:..
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01 August 2003
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157 - 01 August 2003
MMR single jab controversy
Two private clinics failed to follow immunisation guidelines when providing single jabs for measles, mumps and rubella, which may have rendered the jabs useless. The number of immunisations given by the two clinics is said to be around 40,000, given..
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01 August 2003
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157 - 01 August 2003
BMA welcomes CMO report
The British Medical Association (BMA) has welcomed the Chief Medical Officer’s (CMO) report calling for a less adversarial system to resolve the process for compensating patients for clinical errors. But the BMA said that it believes that..
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01 August 2003
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157 - 01 August 2003
Chief Medical Officer reports on clinical negligence
The Chief Medical Officer Professor Sir Liam Donaldson has published a report into clinical negligence in the NHS, which recommends the establishment of an NHS Redress Scheme.
The report, ‘Making Amends’, sets out proposals for..
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01 August 2003
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157 - 01 August 2003
Soldier fails in discrimination case
In a case involving a serving soldier who claimed racial discrimination because of the Army’s failure to give him halal meat, the Court of Appeal ruled that Article 6 of the European Convention on Human Rights, which guarantees the right to a..
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01 August 2003
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157 - 01 August 2003
Harm of stress must be reasonably foreseeable
If an employee was to recover damages for psychiatric injury caused by stress at work, it need to be shown that the employee had exhibited enough signs of stress for it to be reasonably foreseeable by the employer that the stress would cause injury..
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01 August 2003
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157 - 01 August 2003
Lack of knowledge of tribunal practices relevant
Where a notice of appeal to the Employment Appeal Tribunal had been lost in the post, and an extension of time was sought by the applicant, the tribunal should take into account that the applicant was a litigant in person, who did not have knowledge..
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01 August 2003
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157 - 01 August 2003
Subconscious bias in EAT panel
There was a real possibility of lay members showing subconscious bias where counsel appeared before a panel of the Employment Appeal Tribunal including one or two lay members with whom he had previously sat as a part-time judge. As a result, the..
Online Published Date:
01 August 2003
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157 - 01 August 2003
Unfair is unfair
The Court of Appeal upheld an appeal from an employee who was told by an employment tribunal that she was not entitled to compensation, despite being unfairly dismissed. The reason given by the tribunal was that, if disciplinary proceedings had..
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01 August 2003
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157 - 01 August 2003
Sex discrimination – gender not sexual orientation
The Sex Discrimination Act 1975 only prohibited discrimination on the grounds of gender and not discrimination on the grounds of sexual orientation.
The cases involved an RAF officer who was dismissed from the RAF after admitting to being a..
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01 August 2003
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157 - 01 August 2003
DVT not an accident
The alleged failure of international air carriers to warn against the risk of deep vein thrombosis (DVT), or to advise how passengers could minimise the risk, could not constitute an accident under the Warsaw Convention 1929. Nor could the provision..
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01 August 2003
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157 - 01 August 2003
No private law remedy in damages
An arrested person did not have a private law remedy in damages where there was a breach of a statutory duty to give reasons for allowing a delay of that person’s right of access to a solicitor.
The House of Lords dismissed an appeal by the..
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01 August 2003
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157 - 01 August 2003
Tribunal jurisdiction in discrimination cases
The House of Lords ruled that an employment tribunal had jurisdiction to hear complaints against employers under the anti-discrimination legislation by employees whose period of employment had terminated. The House of Lords allowed the appeal of Ms..
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01 August 2003
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157 - 01 August 2003
Saleswomen win dismissal case
Three women have won over £26,000 in a sex discrimination and unfair dismissal case. The women were area managers who, despite having better sales figures than a male colleague, were made redundant from an animal feed manufacturer, while the..
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01 August 2003
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157 - 01 August 2003
Compensation for solicitor
A solicitor has been awarded £30,000 compensation for sex discrimination, unfair dismissal and wrongful dismissal. The woman became pregnant just one month after gaining promotion. One month after telling her firm about the pregnancy she was..
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01 August 2003
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157 - 01 August 2003
Mental patient wins
..
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01 August 2003
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157 - 01 August 2003
Car crash girl gets £5.1mn
A girl who was involved in a head-on car crash has been awarded £5.1mn compensation against the nanny who was driving the car. The girl is now in a wheelchair, having lost the use of her legs, and partly lost the use of her arms.
The girl, now..
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01 August 2003
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157 - 01 August 2003
NHS CEO wins damages
An NHS chief executive has won damages of £218,439 for unfair dismissal. The woman was made redundant after claims against her Trust of financial problems and manipulation of waiting lists. She suffered from clinical depression, and the award..
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01 August 2003
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157 - 01 August 2003
£1.25mn for man hit by bus
A UK tourist who was hit by a bus whilst visiting Blackpool has received damages of £1.25mn in a settlement with Blackpool Transport Services. The man was hit by the bus back in 1998, sustaining a serious head injury, which caused permanent..
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01 August 2003
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157 - 01 August 2003
Detective’s call was misconduct
A man who was sacked after a detective called his employers and revealed his criminal past, has received £4,000 in damages. The detective claimed he rang the firm because of a tip-off that the man was stealing from the firm.
However, the judge..
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01 August 2003
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157 - 01 August 2003
MoD pays £1mn to brain damaged girl
The Ministry of Defence (MoD) has paid £1mn to the daughter of an RAF man who was born with brain damage and will require intensive care for the rest of her life. The MoD made the payment without accepting liability. The claim was originally..
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01 August 2003
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157 - 01 August 2003
Welsh miners pay-out
The Welsh Office has said that out of the £1.5bn which had been paid to ex-miners who suffered health problems through working underground, a total of £319mn had been paid out in Wales – £229mn for respiratory claims and..
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01 August 2003
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157 - 01 August 2003
Teacher gets compensation
A teacher who was dismissed because her school believed that her cancer might recur has been awarded £17,400 in compensation. The 54 year old teacher was head of the kindergarten department of an independent school. The tribunal ruled that she..
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01 August 2003
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157 - 01 August 2003
Award for premature quads
Compensation of £2mn has been awarded in a case involving a woman who was given the wrong dose of fertility drugs which resulted in quads. The quads were born prematurely, and one of the quads died shortly after the birth, another has cerebral..
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01 August 2003
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157 - 01 August 2003
Sticks in the throat
A woman in the US has won $300,000 in a product liability suit against the a food manufacturer. The woman alleged that she suffered injuries to her throat after eating a tin of french-cut green beans. She said it must have contained a sharp object..
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01 August 2003
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157 - 01 August 2003
Threatened waiters win
Eleven waiters at an Indian restaurant have received £16,000 compensation between them for constructive dismissal. The Bengali waiters were threatened by a gang, led by the Sikh chef, and told that they had to leave.
An industrial tribunal..
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01 August 2003
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157 - 01 August 2003
South African asbestos miners settlement
The High Court has approved the settlement reached in March over compensation for South African asbestos miners. The claimants’ lawyers, Leigh Day & Co, said ‘The total amount paid to the victims is £7.5mn by Cape and..
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01 August 2003
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157 - 01 August 2003
Small dog, small claim
A dog owner is looking to take a supermarket chain to the Small Claims Court after his dog was injured while jumping to pull the supermarket’s advertising leaflet from the letter box. The dachshund Muffin suffered injuries resulting in..
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01 August 2003
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157 - 01 August 2003
Transsexuals sue over pub discrimination
Six transsexuals are taking legal action against a pub landlord on the grounds of discrimination after that they were told to leave the pub. The case is being funded by the Equal Opportunities Commission. The problem arose when one of the..
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01 August 2003
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157 - 01 August 2003
Claim dropped in obesity case
In the obesity lawsuit against McDonald’s Corp, in which a number of overweight children are looking to blame the fast food chain for their health problems, the plaintiff’s lawyer has dropped an important claim from the lawsuit –..
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01 August 2003
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157 - 01 August 2003
Heroin addicts sue government
The government is to be sued by a number of heroin addicts for being refused methadone while in prison. They include current and former prisoners and have been granted legal aid for the action. They are claiming £1,500 each for pain and..
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01 August 2003
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157 - 01 August 2003
Kenya rape victims sue MoD
A group of tribeswomen from Kenya have been granted legal aid to sue the Ministry of Defence. The tribeswomen claim that they were raped by British soldiers who were on exercise in Kenya between 1983 and 2002.
The women’s lawyer is Martin Day,..
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01 August 2003
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157 - 01 August 2003
Deep vein thrombosis decision
The Court of Appeal has upheld a decision that airlines cannot be held liable for deep vein thrombosis (DVT) under the terms of the 1929 Warsaw Convention, as it cannot be classed as an accident.
The 24 claimants include those affected by DVT and..
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01 August 2003
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157 - 01 August 2003
Clothing company in lawsuit
The clothing company Abercrombie & Fitch is reported to be on the end of a discrimination lawsuit. The lawsuit alleges that the company discriminates against Hispanics, Asians and blacks in its employment practices. The plaintiffs’..
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01 August 2003
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157 - 01 August 2003
Bali victims may sue Foreign Office
MI5 and the Foreign and Commonwealth Office may be facing lawsuits from the families of those killed in the Bali bombings for not providing adequate risk warnings.
One family member told the Times that the level of risk was described by the Foreign..
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01 August 2003
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157 - 01 August 2003
Evans loses unfair dismissal claim
DJ and broadcaster Chris Evans lost his unfair dismissal claim for damages of £8.6mn against Scottish Media Group, the owners of Virgin Radio. Evans may now face a damages claim from Scottish Media Group, reportedly up to £4mn, as well as..
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01 August 2003
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157 - 01 August 2003
Pay-out for non-diagnosis
A 17 year old has won a won a six figure sum in compensation from the NHS after doctors failed to spot a medical condition until it was too late. The girl was born with both hip-joints out of their sockets. It should have been diagnosed early, but..
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01 August 2003
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157 - 01 August 2003
Motor firm sues lawyers
The New York Times has reported that DaimlerChrysler Corporation has filed a lawsuit against a US law firm. The lawsuit alleges that the law firm falsified evidence and attempted to bribe witnesses in a product liability case. The case was dismissed..
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01 August 2003
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157 - 01 August 2003
Kenyan veterans to sue British Government
Leigh Day & Co has been instructed by a number of Kenyan veterans from the Mau Mau uprising who want to sue the British Government for compensation. The law firm says that the veterans allege that ‘the British Government was negligent in..
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01 August 2003
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157 - 01 August 2003
Lesbian teacher loses appeal
A lesbian teacher has lost her appeal to the House of Lords over claims of sexual harassment by pupils. She was forced to take early retirement and blamed the school for failing to take steps to stop the harassment. Her discrimination claim was..
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01 August 2003
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157 - 01 August 2003
Excluded schoolboy fails in claim
A boy who was excluded from school after being suspected of starting a classroom fire has lost his claim for damages against a school. The 16 year old boy was claiming £10,000 in damages for his lost education. He had sued the head teacher and..
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01 August 2003
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157 - 01 August 2003
Government acts on age discrimination
With all the concerns over pensions, and the acknowledgment by many that we will all have to work to a later age in the future, it seems appropriate that the government has just published a consultation document on proposals to outlaw age..
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01 August 2003
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157 - 01 August 2003