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US Silica Concerns Grow But Disclosure Limited
By John Iten, credit analyst and director in Standard & Poor’s Insurance Ratings sector
Still confronted with mounting lawsuits over exposure to asbestos, a growing number of corporations and their insurers are bracing themselves for a..
Online Published Date:
01 August 2004
Appeared in issue:
168 - 01 August 2004
First National Tricity Finance Limited v OT Computers Ltd (In Administration)
By Neal Gibson, partner, Commercial Litigation and Dispute Resolution Department, Nabarro Nathanson
First National Tricity Finance Limited (“FNTF”) has successfully appealed a decision of the Vice Chancellor concerning the statutory..
Online Published Date:
01 August 2004
Appeared in issue:
168 - 01 August 2004
Insurance Law: A Practical Perspective
Informa Professional Development has announced the launch of a new course entitled Insurance Law: A Practical Perspective, which will commence at the beginning of October 2004.
The course follows the Informa Professional Development..
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01 August 2004
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168 - 01 August 2004
AIG Europe (UK) appointment
AIG Europe (UK) Limited has appointed Bryan Tedford as US Casualty Manager for AIG Europe. Bryan will be based in London and will be responsible for underwriting casualty programmes, developing broker and risk manager relations, as well as providing..
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01 August 2004
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168 - 01 August 2004
Live data feed from CNA Insurance
CNA Insurance, a European subsidiary of US insurer CNA Financial, has introduced a live data feed to its web-based directors’ & officers’ liability solution at www.cnadirectors.co.uk. The site now lets users supply financial data to..
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01 August 2004
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168 - 01 August 2004
PI Direct expands insured professions
PI Direct, the specialist professional indemnity underwriting agency, through its subsidiary PI Brokerlink, has expanded its insured professions to include secondary intermediaries such as motor traders, retailers, opticians, dentists and hire..
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01 August 2004
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168 - 01 August 2004
Equitas settles EnPro asbestos liabilities
Equitas has agreed a $118mn settlement of its asbestos liabilities with US engineering group EnPro. Equitas will pay $30mn to EnPro and the remainder to an asbestos trust set up to resolve claims against EnPro units. The payout settles all current..
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01 August 2004
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168 - 01 August 2004
Aon surveys UK companies on compensation culture
A survey into the compensation culture of UK companies and organisations conducted by Aon, has found that 75% of those surveyed see the current growing trend as creating an unsustainable burden for industry, commerce and public services.
According..
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01 August 2004
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168 - 01 August 2004
Negligent private doctor pays £800,000
The private doctor who attended Sir Christopher Harding, the chairman of both Legal & General and United Utilities, has been found negligent in failing to call an emergency ambulance, resulting in Sir Christopher’s death. The doctor has..
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01 August 2004
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168 - 01 August 2004
Overworked, underpaid but dedicated
Poor old insurance managers. Apparently they are overworked, put business ahead of family, and work within a negative culture. They are also scared to go on holiday, do not use their full allowance, and end up working whilst on holiday.
This is all..
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01 August 2004
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168 - 01 August 2004
Top ten complaints about solicitors from Which? magazine
Consumer magazine Which? is calling for the government’s review of solicitors in England and Wales to put an end to self-regulation after exposing serious problems with quality of service and the way complaints are handled.
Which? carried out..
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01 August 2004
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168 - 01 August 2004
Improvements to Disability Discrimination Act
The Government is planning to remove a major barrier which makes it difficult for people with mental health impairments to take cases under the Disability Discrimination Act (DDA).
The plan formed part of the Government’s response to the Joint..
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01 August 2004
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168 - 01 August 2004
CFAs discussed by Government and the experts
Civil Justice Minister David Lammy has brought together legal practitioners, insurers, academics and costs experts to discuss in detail conditional fee agreements (CFAs), their future development and related legal costs issues.
David Lammy said:..
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01 August 2004
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168 - 01 August 2004
Legal Services Ombudsman’s annual report
The Legal Services Ombudsman for England and Wales, Zahida Manzoor, has said that the Law Society improved its complaintshandling capacity during the past year, and is now regularly completing more cases than it receives and has produced a modest..
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01 August 2004
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168 - 01 August 2004
Tribunals White Paper launched
A White Paper, entitled “Transforming Public Services: Complaints, Redress and Tribunals,” has been launched by the Government, which aims to improve the way in which complaints and disputes are resolved.
Tribunals Minister Lord Filkin..
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01 August 2004
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168 - 01 August 2004
ISO launches Measures of Excellence consulting service
Insurance Services Office (ISO) has launched Measures of Excellence, a consulting service that helps claims-handling organisations create benchmarks for internal and industry best practices for consistent quality claims handling.
According to ISO,..
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01 August 2004
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168 - 01 August 2004
Little room for improvement in market says A.M. Best
A.M.Best’s initial review of the aggregate statistics of the UK non-life primary market suggests that, as expected, 2003 saw a modest continuation of the improvement in underwriting results seen since 2000, according to a special report issued..
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01 August 2004
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168 - 01 August 2004
Scottish public authorities warned by CRE
The Commission for Racial Equality (CRE) Scotland has issued minded letters to 21 public authorities, which it believes are not meeting their legal duty to promote race equality. The purpose of the minded letters is to forewarn authorities that they..
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01 August 2004
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168 - 01 August 2004
Lord Phillips on suing councils
Master of the Rolls Lord Phillips has told the BBC that many councils are no longer providing everyday leisure activities because of the fear they will be sued if people hurt themselves. He said that councils were effectively blackmailed into paying..
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01 August 2004
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168 - 01 August 2004
AXIS Europe offers D&O coverage
AXIS Specialty Europe Limited, the European insurance subsidiary of AXIS Capital, has begun underwriting directors and officers liability insurance and other professional lines coverages.
AXIS Europe, primarily via its UK branch AXIS Specialty..
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01 August 2004
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168 - 01 August 2004
UNISON call for increase in unfair dismissal compensation
The union UNISON has said that the government needs to increase compensation available to workers who are unfairly dismissed after the Law Lords quashed an appeal court ruling which would have allowed employment tribunals to consider more than..
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01 August 2004
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168 - 01 August 2004
Constructive dismissal and disability discrimination
The Court of Appeal found that a teacher with over thirty years experience, was constructively dismissed and should have received full pay not sick pay when she suffered her sight loss.
Her case was supported by the Disability Rights Commission..
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01 August 2004
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168 - 01 August 2004
Catholic Church reports on child abuse
A report by the Catholic Office for the Protection of Children (COPCA) has revealed that 52 priests were accused of sexual abuse against a child in 2003 in England and Wales. However, of these, none has been prosecuted, one was dismissed and one..
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01 August 2004
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168 - 01 August 2004
Gulf War syndrome study inconclusive
A study of former soldiers published in BMC Public Health has found that forces deployed to the first Gulf War report more ill health than veterans who did not serve there.
The study “Self-reported ill health in male UK Gulf War veterans: a..
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01 August 2004
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168 - 01 August 2004
Calls for cap on sexual discrimination awards
A report in the Times has said that a number of businesswomen are calling for a cap on sexual discrimination awards, on the grounds that large awards that cost companies millions of pounds in damages and out of court settlements are making..
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01 August 2004
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168 - 01 August 2004
Tribunal outcomes and awards for 2003-04
The Employment Tribunals Service (ETS) has published its Annual Report and Accounts for 2003-04, giving details of tribunal outcomes and awards during the year.
The Minister responsible for Employment Relations, Gerry Sutcliffe, said: “As this..
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01 August 2004
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168 - 01 August 2004
Stress-related absence increases
A survey of 1,110 UK employers carried out by the Chartered Institute of Personnel and Development’s (CIPD), entitled “Employee Absence 2004: A survey of management policy and practice” has found that a majority of employers have..
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01 August 2004
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168 - 01 August 2004
HSC reports on fatal injury statistics
The Health & Safety Commission (HSC) has published the latest detailed statistics on fatal injuries in HSE and local authority (LA) enforced sectors in 2003/04.
The figures show that the number of fatally injured workers increased by 4% to 235..
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01 August 2004
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168 - 01 August 2004
Skyguide settles with more claimants
Swiss air traffic control organisation Skyguide, has reached a settlement with 28 more claimants over the mid-air collision of two aircraft above Überlingen, Germany on July 1, 2002. The accident resulted in the death of 71 people.
The Aircraft..
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01 August 2004
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168 - 01 August 2004
London Club reports low level of claims
P&I insurer London Club has reported that claims for this policy year are at their lowest levels for two decades. The size of claims paid 15 months after the inception of the policy year was $62mn, the third consecutive annual drop.
Chairman..
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01 August 2004
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168 - 01 August 2004
Study of cancer-causing chemicals from 9/11
Scientists from the University of North Carolina at Chapel Hill and the US Environmental Protection Agency have concluded a study designed to help assess the health threat of a group of cancer-causing chemicals known as polycyclic aromatic..
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01 August 2004
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168 - 01 August 2004
$54 million sex discrimination settlement
The US Equal Employment Opportunity Commission and Morgan Stanley have announced a $54mn settlement of a sex discrimination lawsuit filed on behalf of a class of female officers and women eligible for officer promotion in the firm’s..
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01 August 2004
Appeared in issue:
168 - 01 August 2004
No liability coverage for sexual harassment
The Vermont Supreme Court has ruled in favour of three US insurers in their contention that liability insurance does not cover sexual harassment. Two employees had sued a business and their supervisor on the grounds that he had made inappropriate..
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01 August 2004
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168 - 01 August 2004
New report on Silica Liability
A new report by the US Insurance Information Institute entitled “Silica Liability” has found that while the number of deaths associated with silicosis continues to decline, the number of silica claims being filed is increasing..
Online Published Date:
01 August 2004
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168 - 01 August 2004
Halliburton asbestos settlement approved in US
A US federal bankruptcy judge has approved the recent $4.2bn settlement agreed between the DII Industries and Kellogg Brown & Root units of US oil-services group Halliburton and around 400,000 asbestos claimants.
Halliburton is set to establish..
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01 August 2004
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168 - 01 August 2004
Changes to Prescribed Disease A11
The Government has announced a change to the prescription of Prescribed Disease A11 (PD A11), commonly known as Vibration White Finger. The Industrial Injuries Advisory Council conducted a review into Hand Arm Vibration Syndrome (HAVS) and..
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01 August 2004
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168 - 01 August 2004
Quarter of settled claims involve medication errors
Medication errors account for a quarter of settled claims against GP members of the Medical Defence Union, costing £12.5mn pounds over a five-year period.
The MDU, the largest indemnifier of UK doctors, released the figures in response to a..
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01 August 2004
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168 - 01 August 2004
MRSA rates on the increase in England
Reports of MRSA have increased by 3.6% in England over the last year, according to the latest data from the Department of Health and the Health Protection Agency.
The results from the third year of the mandatory surveillance scheme for..
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01 August 2004
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168 - 01 August 2004
TUC highlights workplace risks in the nanotech industry
The TUC has backed the recommendations in the report by the Royal Society and the Royal Academy of Engineering for regulation of the booming nanotechnology industry, particularly in the area of workers’ safety.
Brendan Barber, TUC General..
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01 August 2004
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168 - 01 August 2004
Royal Society report into nanotechnology
A report into nanotechnology by the Royal Society and the Royal Academy of Engineering has concluded that it offers many potential benefits, but its development must be guided by appropriate safety assessments and regulation to minimise any possible..
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01 August 2004
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168 - 01 August 2004
No obligation to carry out inspection
The case involved a young man who did a running dive into the shallow water of a disused gravel pit, despite no swimming signs, and struck his head on a fibreglass container on the bottom of the Mere. He suffered a wedge fracture to the cervical..
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01 August 2004
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168 - 01 August 2004
Appeal ruled to be out of time
The Court of Appeal held that the time limit for the proper institution of an appeal from a decision of an employment tribunal was the filing of a notice of appeal together with the tribunal’s written reasons within 45 days from the date on..
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01 August 2004
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168 - 01 August 2004
Tenant and landlord to blame over fall
The case involved a building which had a low wall along the length of the approach to the building – below the wall was the entrance to the basement. The accident occurred when the tenant fell over the low wall and into the basement area below..
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01 August 2004
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168 - 01 August 2004
Common-law action not barred by unfair dismissal claim
Where an employer had acted unfairly towards an employee in such a way that the employee had acquired a cause of action at common law prior to and independently of his subsequent unfair dismissal, his common-law action was not barred due to the..
Online Published Date:
01 August 2004
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168 - 01 August 2004
More favourable treatment for disabled employee
The case involved a council’s duty under section 6 of the Disability Discrimination Act 1995. An employee had become disabled and at risk of losing her job owing to her inability to carry out the manual tasks involved, but was capable of doing..
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01 August 2004
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168 - 01 August 2004
No compensation for non-economic loss
An employee claiming unfair dismissal in an employment tribunal could not recover compensation for non-economic loss. The House of Lords allowed the appeal by the employers. The case concerned section 123 of the Employment Rights Act 1996, and the..
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01 August 2004
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168 - 01 August 2004
Change of priorities affects earnings claim
The case involved a dentist who had suffered injury to his hand as a result of negligent medical treatment following a sailing accident. He claimed that as a consequence of this he had suffered a loss of earnings and would continue to do so due to..
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01 August 2004
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168 - 01 August 2004
Pupillage is not membership
An application for admission to a set of barristers’ chambers as a pupil barrister was not an application for membership of a trade organisation. This was the verdict of the Court of Appeal by a majority, in dismissing an appeal by the..
Online Published Date:
01 August 2004
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168 - 01 August 2004
Application to reduce the amount a payment
The Court of Appeal held that it was not the case that a defendant’s application to reduce the amount a payment into court led to an automatic stay on the claimant’s entitlement to accept it. The Court allowed the claimant’s..
Online Published Date:
01 August 2004
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168 - 01 August 2004
Retained firefighters get less benefits
The Court of Appeal dismissed in part an appeal by a number of retained firefighters who claimed they were less favourably treated than comparable full-time firefighters.
The Court of Appeal held that retained firefighters were employed under the..
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01 August 2004
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168 - 01 August 2004
Police disciplinary board has immunity
The Court of Appeal dismissed an appeal by the applicant in a case of unlawful sexual discrimination. An employment tribunal had ruled that it had no jurisdiction to hear her complaint of sex discrimination against the respondent, the Commissioner..
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01 August 2004
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168 - 01 August 2004
Adequate system of inspection and maintenance
The case involved a claim for personal injuries after a trip on a pavement maintained by the defendant. The Claimant alleged negligence and breach of statutory duty under the Highways Act 1980. The claim was defended under s.58 of the Act on the..
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01 August 2004
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168 - 01 August 2004
Defect not related to protection
The House of Lords ruled that an employer who issued his employee with steel toe capped boots to protect him from impact injuries was not liable for an injury caused by a defect in the boots that had no effect on their function as protection against..
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01 August 2004
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168 - 01 August 2004
Mesothelioma settlement from BP
A former employee of BP has received compensation after he was diagnosed with mesothelioma. The employee used to work at BP’s research facility at Sunbury on Thames and was diagnosed with the asbestos related disease last summer. According to..
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01 August 2004
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168 - 01 August 2004
Damages settlement for birth delays
A boy who was left with cerebral palsy and epilepsy after his birth has received damages from the NHS trust. The court ruled that there had been a negligent delay in delivering the boy. He will receive £650,000 for an adapted home, and then..
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01 August 2004
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168 - 01 August 2004
Maternity leave sex discrimination case settled
A manager who was offered a part-time post as a receptionist when she returned from her maternity leave has settled her sex discrimination claim against her former employer and received £15,000 compensation. Her case was supported by the Equal..
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01 August 2004
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168 - 01 August 2004
£1.5m for brain damaged child
A boy has received £1.5mn in damages after he was left with brain damage following a trip to a dental clinic when he was three. He underwent a general anaesthetic but had to be resuscitated and spent 15 days in hospital. The boy is now 12 and..
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01 August 2004
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168 - 01 August 2004
Trust pays £1m over death of woman in childbirth
A health trust has admitted medical negligence and paid £1mn in damages to the family of a woman who died after giving birth to twins. The woman, an anaesthetist, died after being admitted to hospital for a planned caesarean. She bled to death..
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01 August 2004
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168 - 01 August 2004
Disabled rail worker awarded £1m in damages
A railway worker has been awarded £1mn in damages after he was left physically and mentally disabled after he was hit by a freight train. The man suffered severe injuries and requires round-the-clock care. He was hit by a car transporter train..
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01 August 2004
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168 - 01 August 2004
Approval for Boeing settlement
A US Judge has given preliminary approval to Boeing’s settlement plan to resolve a sex discrimination class action. The company has agreed to pay up to $72.5mn to around 29,000 former and current female employees. The employees claimed that..
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01 August 2004
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168 - 01 August 2004
Compensation for burns to hands
A woman has been paid £4,700 compensation after being badly burned while cleaning machinery at work. The woman was cleaning a processing machine that she had been working on when the incident occurred. As she reached into the bucket of hot..
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01 August 2004
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168 - 01 August 2004
Latex allergy compensation in Australia
Following last month’s story in LRI that a nurse had won £350,000 over her latex allergy, a similar case in Australia has seen a nurse awarded more than Aus$428,000 in compensation.
The nurse developed an allergy to the latex gloves she..
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01 August 2004
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168 - 01 August 2004
Text couple fail to read small print
A couple from Malaysia took their case to a tribunal after they failed to win the top prize, a car, in a competition. They reportedly sent nearly 30,000 mobile phone text messages to try to win the car but only succeeded in winning the third prize,..
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01 August 2004
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168 - 01 August 2004
Mental trauma injury award blocked
A judge has blocked an injuries award to a policeman who was suspended after a fatal shooting. The man had claimed mental trauma had damaged his health and the injuries were received while he was on duty. A doctor concluded that he had been..
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01 August 2004
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168 - 01 August 2004
Damages for failure to spot pregnancy disorder
A couple whose daughter has a rare disorder and needs large amounts of care have won the right to damages after a hospital report said there were no abnormalities in the pregnancy after an amniocentesis test was carried out. If the disorder had been..
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01 August 2004
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168 - 01 August 2004
Regimental Sergeant Major wins amputation case
The Ministry of Defence has agreed to pay undisclosed damages to a Regimental Sergeant Major who had to have a below-the-knee amputation because of a misdiagnosis by army doctors.
The Sergeant Major was suffering from exercise-associated pain in his..
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01 August 2004
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168 - 01 August 2004
White officers lose racial discrimination claim
An employment tribunal has dismissed claims of discrimination on racial grounds by two white police officers. The men had sued the Met for racial discrimination. They claimed that they were unfairly dismissed from a training college after their..
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01 August 2004
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168 - 01 August 2004
Landmark disability ruling by the Lords
The House of Lords has ruled that there is a duty on employers to make reasonable adjustments for disabled people if they become unable to carry out the job they are in due to their disability. This duty includes considering whether it is reasonable..
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01 August 2004
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168 - 01 August 2004
Prison Service loses equal pay case
An employment tribunal has ruled in favour of nearly 2,000 female workers in the Prison Service in England and Wales in their equal pay cases. The women were supported by the Public and Commercial Services Union.
Staff in office and managerial..
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01 August 2004
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168 - 01 August 2004
Psychiatric damage award overturned
A man who received a £10,000 award for psychiatric damage caused by bullying has had his award overturned. The award was made by an employment tribunal, but was overturned by the Employment Appeal Tribunal. The Court of Appeal reinstated the..
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01 August 2004
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168 - 01 August 2004
Contract ended after year off sick
An ex-employee of car manufacturer Honda is suing the company for loss of earnings after her contract was ended because she had been off work for a year. The woman, who was controller of finance, was off work for a year due to anxiety and..
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01 August 2004
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168 - 01 August 2004
BA sued by air stewardesses
British Airways is being sued for sexual discrimination by 12 air stewardesses who claim they were forced to accept contract work after having children. As a result, they say that they lost the chance of promotion for a number of years. The women..
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01 August 2004
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168 - 01 August 2004
Fan sues for Liverpool spitting incident
Liverpool footballer El-Hadji Diouf, and the club itself, are being sued by a Celtic fan who was spat on by Diouf during a UEFA cup match last year. The man is seeking £50,000 in damages. He claims he has been unable to return to Celtic’s..
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01 August 2004
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168 - 01 August 2004
Severely disabled man sues Trust for fractures
A 21 year-old man who suffered a broken arm and leg while living at an adult care home is to sue the relevant Trust for compensation because of the pain and suffering he has endured. The man, who is severely mentally and physically disabled,..
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01 August 2004
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168 - 01 August 2004
More sexual discrimination claims in the City
There are reports in the media that yet more City banks are facing sexual discrimination claims from female employees. According to the Sunday Times, it is believed that banks including Credit Suisse First Boston, Dresdner Kleinwort Wasserstein,..
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01 August 2004
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168 - 01 August 2004
Victimised after sexual harassment complaint
A police corporal in the RAF has been awarded £30,000 by an employment tribunal for being victimised after making a formal complaint about sexual harassment. The complaint was not upheld by a tribunal, nor on appeal.
The woman left the RAF as..
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01 August 2004
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168 - 01 August 2004
Smaller severance sex discrimination
A former regional director of a waste management company has won her equal pay and sex discrimination claim against her former employer, supported by the Equal Opportunities Commission.
The woman had worked for the company for six years but was made..
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01 August 2004
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168 - 01 August 2004
Simplifying CFAs – the government proposals
The Government has published its proposals to reform ‘no win no fee’ arrangements. The consultation paper, “Making simple CFAs a reality - A summary of responses to the consultation paper Simplifying Conditional Fee Agreements and..
Online Published Date:
01 August 2004
Appeared in issue:
168 - 01 August 2004