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Equitas in asbestos trust contribution
It has been reported that Equitas could be liable for around 20% of the $46bn which the insurance industry as a whole would be expected to contribute to an asbestos trust in the US, under the proposed Fairness in Asbestos Injury Resolution Act...
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01 February 2005
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174 - 01 February 2005
Navigators’ Belgian marine underwriting unit
Navigators Underwriting Agency, a subsidiary of The Navigators Group, has announced the establishment of Navigators NV with the opening of a new office in Antwerp, Belgium.
The new specialist marine underwriting unit is Navigators’ first..
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01 February 2005
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174 - 01 February 2005
$93mn settlement for Californian environmental clean up
The Californian Department of Justice has said that Lloyd’s and 15 other insurers have agreed to pay California a total of $93mn to settle claims for cleaning up the Stringfellow Acid Pits in Riverside County, California.
More than 35mn..
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01 February 2005
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174 - 01 February 2005
Airbus A380 insurance challenge
The introduction of the 555-passenger Airbus A380 aircraft poses significant insurance challenges for airlines, according to Wayne Wignes, president of Aon’s Aviation Group. Mr Wignes predicts that insurance liability limits will rise for the..
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01 February 2005
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174 - 01 February 2005
Three-quarters of employees experience a workplace stress
According to Aon Consulting’s latest Employee Risk @Work study, three-quarters (76.6%) of employees have experienced workplace stress. However, many UK employers are failing to address the issue. Almost half (47.3%) feel that our organisations..
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01 February 2005
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174 - 01 February 2005
New PI scheme for MAPIC
Collegiate Insurance Brokers have appointed PI Direct’s broker-dedicated trading arm PI Brokerlink to provide a new professional indemnity scheme for MAPIC members. MAPIC is a professional indemnity insurance mutual (in run-off) for small to..
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01 February 2005
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174 - 01 February 2005
Asbestos and environmental reserve boost for St Paul
US insurance group St Paul Travelers has announced net income of $955mn in 2004, a decrease of 44% that reflected $1.6bn in after-tax charges for prior-year reserve development.
This reserve increase included pre-tax reserve increases of $922mn for..
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01 February 2005
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174 - 01 February 2005
Equitas pays $200mn
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01 February 2005
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174 - 01 February 2005
AIG units call for Roman Catholic documents
Three AIG subsidiaries have asked a court in Los Angeles to order the Roman Catholic Archdiocese of Los Angeles to share documents about alleged sex abuse by priests.
The units, Insurance Co of the State of Pennsylvania, Granite State Insurance and..
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01 February 2005
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174 - 01 February 2005
Myths and Realities Of Compensation Culture
Tuesday 1st March 2005At-Bristol Complex, Bristol
A conference on the myths and realities of compensation culture is to be hosted by the Health and Safety Executive, Bond Pearce Solicitors and EEF Western. The conference aims to give boardroom..
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01 February 2005
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174 - 01 February 2005
New Year’s Risk - Not Caring Syndrome
Is there anything that isn’t bad for you? It would seem not, since there seems to be a new warning (usually carcingogenic) about something every week. Regular readers of this column will know that 2004 saw a number of new risks appearing,..
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01 February 2005
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174 - 01 February 2005
Silent recalls on their way out
By Rod Freeman, partner, Lovells
The Department of Trade and Industry has published a consultation paper on implementing into UK law the new EU regime for consumer product safety: the General Product Safety Directive. The closing date for comments..
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01 February 2005
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174 - 01 February 2005
Monthly Quote
“A recent study ranked Madison County the number one place in the country for trial lawyers to sue. St Clair is ranked the second county in America where you’re likely to get sued. In other words, if you see a team of trial lawyers..
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01 February 2005
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174 - 01 February 2005
Consultation on Disability Discrimination Bill regulations
The Department for Work and Pensions has published a consultation document entitled: “Disability Discrimination Bill: Consultation on private clubs; premises; the definition of disability and the questions procedure.”
The document sets..
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01 February 2005
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174 - 01 February 2005
No insurance for sand guides
This month’s “meanie insurers” story concerns the guides who take charity groups across Morecambe Bay. Insurers have apparently refused to provide public liability insurance for the guides who take people across the shifting sands..
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01 February 2005
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174 - 01 February 2005
ACE strengthens asbestos and environmental reserves
ACE Limited is to strengthen its asbestos, environmental and other run-off reserves and incur a related net, after-tax charge to earnings of $298mn in the fourth quarter of 2004.
The charge comprises $279mn relating to the Brandywine operation and..
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01 February 2005
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174 - 01 February 2005
One in four accidents result in bodily injury claim
More than one in four US auto accidents resulted in bodily injury liability (BI) claims in 2003, according to a recent study by the Insurance Research Council (IRC). The study, “Trends in Auto Injury Claims, 2004 Edition,” reveals that..
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01 February 2005
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174 - 01 February 2005
US fraudulent auto injury settlements report
Fraud and buildup (the intentional inflation of an otherwise legitimate claim) added between $4.3bn and $5.8bn to US auto injury settlements in 2002, according to an estimate by the US Insurance Research Council (IRC).
This represents between 11%..
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01 February 2005
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174 - 01 February 2005
CEA welcomes fifth motor liability directive
The Comité Européen des Assurances (CEA), the European insurance federation, has said that the fifth motor liability directive will make it easier to take out insurance cover and improve the compensation of victims of road accidents both..
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01 February 2005
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174 - 01 February 2005
Legislative change hits D&O market says Heath Lambert
Legislative change is the feature of the Directors’ & Officers’ (D&O) liability landscape in 2004 and will continue to be so in the coming year, according to Heath Lambert’s State of the Market 2005 report.
The report..
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01 February 2005
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174 - 01 February 2005
Professional risks report from Heath Lambert
Competition has increased in the professional risks market, thanks to new capacity entering this market during the past 12 months, and this has led to premiums reducing in some sectors, according to Heath Lambert’s State of the Market 2005..
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01 February 2005
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174 - 01 February 2005
Pregnancy discrimination affects 30,000 working women
Each year around 30,000 working women are sacked, made redundant or leave their jobs due to pregnancy discrimination, according to new research findings from the Equal Opportunities Commission (EOC).
The research quantifies how many pregnant women..
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01 February 2005
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174 - 01 February 2005
NUMAST gets £1.7mn for members
The National Union of Marine, Aviation and Shipping Transport Officers (NUMAST) says it has recovered more than £1.7mn in compensation over the past year for members who have suffered injuries in accidents at work.
Claims recently settled..
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01 February 2005
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174 - 01 February 2005
New guidance on stress rehabilitation
The Chartered Institute of Personnel and Development (CIPD) has produced new guidance to help employers support employees suffering from mental health problems and help them return to work in a managed and co-ordinated manner.
Research by the CIPD..
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01 February 2005
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174 - 01 February 2005
Health checks for police force
The Devon and Cornwall Police Force is to bring in a new digital radio system, Airwave, which uses Tetra communication masts. But because of concerns about the safety of the system, the Force is to have continuing health checks. The Force said that..
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01 February 2005
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174 - 01 February 2005
2004 safest year on record
Airclaims, the aviation loss adjuster, has reported that 2004 was the safest year on record for commercial air transport. Last year was also the fourth consecutive year where the number of fatal accidents involving passengers decreased (if..
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01 February 2005
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174 - 01 February 2005
P&I club may be liable for P&O cancellation
The P&O cruise ship Aurora which was forced to abandoned its round-the-world cruise, had third-party liability cover through Bermuda-based P&I club UK Mutual Steamship Insurance Association. However, it is not yet clear whether P&O..
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01 February 2005
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174 - 01 February 2005
McDonald’s case back in the courts
The McDonald’s obesity lawsuit is reported to be back on track. A federal appeals court has reinstated part of a claim involving an allegation of deceptive advertising over health risks of McDonald’s products.
The original claim, by two..
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01 February 2005
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174 - 01 February 2005
GM sues RSA over unpaid asbestos claims
General Motors (GM) has filed a lawsuit against Royal & Sun Alliance (RSA), as well as its US subsidiaries, demanding payment of asbestos-related claims and damages, according to a report in the Financial Times.
GM alleges that RSA withheld..
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01 February 2005
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174 - 01 February 2005
Ventilation not the answer to passive smoking
The British Medical Association (BMA) has condemned claims made by the tobacco industry that ventilation in bars could protect the public from the harmful effects of passive smoke.
The BMA stressed that ventilation does not protect employees or..
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01 February 2005
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174 - 01 February 2005
Goats to be tested for BSE
Just when you thought that BSE had finally come under control, there is bad news from France. The BBC has reported that a French goat has tested positive for mad cow disease - the first animal in the world other than a cow to have bovine spongiform..
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01 February 2005
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174 - 01 February 2005
Hands-free phone kits reduce radiation
A study has revealed that hands-free mobile phone kits can reduce the amount of radiation emissions absorbed by the head when using mobile phones. Researchers at the University of York tested mobile phones which operate at two different frequencies...
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01 February 2005
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174 - 01 February 2005
Law firm warns over hair dye reactions
A teenager who suffered an adverse reaction to a hair dye is to sue the manufacturer. She experienced breathing difficulties and developed blisters round her hair line. According to law firm Alexander Harris, she still had a severe rash all over her..
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01 February 2005
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174 - 01 February 2005
Blackberry devices may damage thumbs
Doctors have warned that handheld Blackberry devices may cause damage to the thumbs of users. The device can be used to email, page and phone. Doctors in the US and the UK warned that repetitive use could cause osteoarthritis or other damage to the..
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01 February 2005
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174 - 01 February 2005
Bead can reduce mobile phone radiation to zero
A government advisor has called on the mobile phone industry to bring in the use of a magnetic bead on hands-free kits, because they can reduce radiation to virtually zero. The ferrite bead can be clipped onto the hands-free kit below the microphone..
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01 February 2005
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174 - 01 February 2005
Brain Injury Care Services launched
A new company aimed at helping those with brain injury has been launched. BrICS (Brain Injury Care Services) has been set up because its founders believe there is a gap in the services currently provided, in particular in the early stages of care..
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01 February 2005
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174 - 01 February 2005
Head cooling can reduce infant brain damage
A report in The Lancet suggests that cooling the head of babies that suffer from oxygen deprivation at birth can help to reduce brain damage. The report, “Selective head cooling with mild systemic hypothermia after neonatal..
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01 February 2005
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174 - 01 February 2005
Disability risk for extremely premature babies
Having a learning disability is common in babies born extremely prematurely, although the levels vary widely, according to the follow-up results of a major study, published in the New England Journal of Medicine.
EPICure is the first study in the UK..
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01 February 2005
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174 - 01 February 2005
Health watchdog faces surge in complaints
The Healthcare Commission is reported to have hired a consultancy firm to help ease a backlog of nearly 4,000 patient complaints. The health watchdog has been forced into the move because of a major surge in grievances, according to the Health..
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01 February 2005
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174 - 01 February 2005
Painkiller co-proxamol to be withdrawn
A phased withdrawal of the commonly prescribed painkiller, co-proxamol, has been announced by the Medicines and Healthcare products Regulatory Agency.
A recent consultation looking at evidence for the safety and effectiveness of co-proxamol found..
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01 February 2005
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174 - 01 February 2005
Charities sued by volunteers
A report in the Times says that charities are being forced to use public donations to defend a growing number of legal actions brought by former volunteers trying to use employment law to claim unfair dismissal.
The paper points to the Royal..
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01 February 2005
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174 - 01 February 2005
Causative link between head injury and resignation
A man sustained a head injury after attending a hospital for an operation on his knee and falling from the operating table. He suffered a number of symptoms consistent with Post-Concussional Syndrome. Liability was admitted by all three defendants,..
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01 February 2005
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174 - 01 February 2005
Discrimination by airline and airport
The policy of the Disability Discrimination Act 1995 was to provide disabled persons with access to services as close as it was reasonably possible to get to the standard normally offered to the able-bodied.
The Court of Appeal dismissed the appeal..
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01 February 2005
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174 - 01 February 2005
Damages for poll-tax prisoner
An applicant who had no legal representation and who was imprisoned after failing to pay the community charge, accepted €10,000 damages and €4,000 costs and expenses in a friendly settlement of his case alleging breach of the European..
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01 February 2005
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174 - 01 February 2005
Education officers owe a professional duty of care
Education officers employed to perform the statutory functions of local education authorities were professional persons for whose negligence local authorities might be vicariously liable just as the authorities might be liable for the acts and..
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01 February 2005
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174 - 01 February 2005
No damages for loss of chance
Where a doctor negligently failed to refer for investigation a patient with possible symptoms of cancer, with the result that there was a nine-month delay in treatment for the condition, the patient, whose chances of survival during that delayed..
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01 February 2005
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174 - 01 February 2005
Employer not liable for secondary asbestos exposure
The employer of a man working with asbestos was not liable in negligence to his wife who was exposed to small amounts of asbestos dust before 1965, when it was not known that there was no safe level of exposure.
The Court of Appeal allowed an appeal..
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01 February 2005
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174 - 01 February 2005
Judge can reject expert’s version of events
In a personal injury claim arising out of a road traffic accident, there was no principle of law preventing a judge from preferring the evidence of the lay claimants, whom he had found to be blameless and honest, over the directly conflicting..
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01 February 2005
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174 - 01 February 2005
Train driver who hit goat gets £35,000
A train driver who suffered psychological injury after his train struck and killed a goat that had strayed on to the line has received £35,000 compensation for the shock and trauma and subsequent loss of pension and free/discounted travel. The..
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01 February 2005
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174 - 01 February 2005
$2.75mn racial discrimination settlement in US
The US Equal Employment Opportunity Commission (EEOC) has settled an employment discrimination lawsuit against Consolidated Freightways Corporation for $2.75mn on behalf of 12 African American dockworkers who were subjected to a racially hostile..
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01 February 2005
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174 - 01 February 2005
£95,991 compensation for miner’s emphysema
A former coalminer has been awarded £95,991 compensation after contracting emphysema whilst working underground in British Coal mines from 1950 to 1972. He had to leave his job in 1972 due to ill health and still suffers on a daily basis due to..
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01 February 2005
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174 - 01 February 2005
$105mn alcohol liability award
Aramark Corporation is to appeal the decision against it over alcohol liability, in which it was ordered to pay $105mn. A jury found that the company, the concessions vendor for Giants Stadium in New Jersey, should not have served alcohol to a..
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01 February 2005
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174 - 01 February 2005
Compensation paid to miner after medical record review
The widow of a miner whose husband’s respiratory illnesses were later found to have contributed to his death, even though they were not recorded on the original death certificate, has received compensation from British Coal in excess of..
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01 February 2005
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174 - 01 February 2005
Faulty filing cabinet causes injury
An office worker has been awarded £16,400 compensation in an out-of-court settlement after she fell and badly injured herself due to a faulty filing cabinet at work. The woman was a training supervisor at the Motor Insurers Bureau (MIB) but has..
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01 February 2005
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174 - 01 February 2005
£50,000 for lost thumb
A man who lost his thumb in an accident at work has received £50,000 in compensation. The man had to retire from his job at a steelworks as he could no longer grip after he lost his thumb working on a razor-blade making machine. He required..
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01 February 2005
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174 - 01 February 2005
Wrong cancer diagnosis award
A man who was wrongly told he had only a year to live is to receive more than £190,000 in compensation. The false diagnosis was blamed on a lab mistake and may have been caused by contaminated forceps affecting his biopsy results. He underwent..
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01 February 2005
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174 - 01 February 2005
£3.9mn award for hospital bug infection
A woman who was infected with listeria at a hospital as a baby has been awarded £3.9mn in compensation. She was put in a cot next to a baby with listeria. She was left with learning difficulties and mobility problems after being diagnosed with..
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01 February 2005
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174 - 01 February 2005
Unfair dismissal for trip to Mecca
..
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01 February 2005
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174 - 01 February 2005
$15.6mn awarded against Nestle
Nestle has been ordered to pay $15.6mn by a US jury to a former model whose image was used for years without his permission on coffee jar labels. The award includes 5% of the profits for the coffee between 1997 to 2003. The company is to appeal the..
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01 February 2005
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174 - 01 February 2005
£171,000 for Army’s racial harassment
An employment tribunal has awarded £171,000 in compensation to a black soldier who was nicknamed Bubba after a character in the film Forrest Gump, and was described as “a fat hairy bear.” The tribunal ordered the Ministry of Defence..
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01 February 2005
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174 - 01 February 2005
Jailed abuse nurse wins unfair dismissal
A nurse, who was jailed and struck off after a number of assaults of elderly patients at a care home, has won more than £15,000 compensation. A tribunal ruled that his employers had violated the terms of his contract. The contract said that if..
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01 February 2005
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174 - 01 February 2005
Teacher wins unfair dismissal case
A teacher who faced sexual allegations by two girls at his school, and was dismissed as a result, has won £22,000 compensation for being unfairly dismissed. A police investigation found that there was no case to prosecute, and the tribunal..
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01 February 2005
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174 - 01 February 2005
£35,000 for homophobic abuse at work
A tribunal has awarded £35,000 to a man who was subjected to homophobic abuse at work. The office manager was often labelled a “queen” and was once forced to wear a T-shirt with pink lettering at a business presentation. The..
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01 February 2005
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174 - 01 February 2005
Equality centre worker wins discrimination case
Compensation of £63,479 has been awarded to an Asian worker at an equality centre. The worker was subjected to sexual and racial discrimination by her boss. The compensation was for loss of earnings and damages. The boss was refused leave to..
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01 February 2005
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174 - 01 February 2005
£1,000 for lesbian model sex claim
A lesbian model has won £1,000 in a sex discrimination case after she turned down the advances of her female boss. She alleged that she was then dropped from a fashion campaign. The tribunal said that it was a low amount because it was a..
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01 February 2005
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174 - 01 February 2005
£2.25mn for car crash victim
A woman who was left with severe brain damage and physical disabilities has won £2.25mn in an out-of-court settlement. The 62-year-old woman was hit in a head-on car crash. Her family brought civil proceedings against the other driver who was..
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01 February 2005
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174 - 01 February 2005
Compensation for baby’s lost fingers
A girl who lost three fingers in an accident at hospital shortly after her birth has been awarded £30,000. The girl, now aged five, lost the fingers when they were trapped in the lid of an incubator. She was nine weeks old and having an..
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01 February 2005
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174 - 01 February 2005
A$3mn award against Coca-Cola
Coca-Cola must pay almost Aus$3mn to a former employee who was shot five times while loading a coke-vending machine. The man had repeatedly complained about the dangers of restocking the Coke machines, and had been previously knocked unconscious by..
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01 February 2005
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174 - 01 February 2005
Flight attendant’s second-hand smoke award upheld
The $500,000 award to a flight attendant who said her bronchitis and sinus trouble was caused by second-hand smoke on planes has been upheld at appeal in the US. The ruling was said to be a test case for a $349mn settlement between the tobacco..
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01 February 2005
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174 - 01 February 2005
Wyeth’s $1.28bn settlement backed by claimants
Claimants have given their backing to a $1.28bn settlement with US pharmaceutical group Wyeth over unsafe diet drugs. The settlement covers current and future non-serious injuries, and involves those with the two lowest levels of medical injury..
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01 February 2005
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174 - 01 February 2005
$1.6mn for reverse discrimination
A US policeman who was sacked by the Los Angeles police after he was filmed punching a black youth has been awarded $1.6m. He had claimed race discrimination because he was treated more harshly than a black officer. A second white officer was..
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01 February 2005
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174 - 01 February 2005
Woman receives damages for son’s mesothelioma
A woman has been awarded £10,000 damages after her son died from mesothelioma. The son of the 82-year-old widow was a former Clyde shipyard worker. He died aged 52 in 2001. She had claimed an award of £20,000, but the shipyard’s..
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01 February 2005
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174 - 01 February 2005
Corus UK liable for Vibration White Fingers
The former British Steel, Corus UK, has been found liable for negligently exposing boilermakers to vibration, in a landmark ruling that could have implications for the entire steel industry in the UK, according to the GMB union.
GMB says: “The..
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01 February 2005
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174 - 01 February 2005
Builder sues over Scottish Parliament
Sir Robert McAlpine Construction Management is suing the Scottish Parliament for £4.31mn in damages, covering lost profits that it would have made if it had won the construction contract. The building firm failed to secure the contract to..
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01 February 2005
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174 - 01 February 2005
Sacked headteacher wins dismissal case
A headteacher who was sacked after a poor Ofsted inspectors’ report has won compensation for unfair dismissal. The primary school was later closed after it was decided that it was too small. The compensation settlement includes money for loss..
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01 February 2005
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174 - 01 February 2005
Religious discrimination claim fails
A Muslim man has lost his claim for racial and religious discrimination and unfair dismissal after he lost his job for refusing to trim his beard. The man worked at London’s Euston Station. He claims he was asked repeatedly to trim his beard..
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01 February 2005
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174 - 01 February 2005
Monks lose unfair dismissal case
A tribunal has ruled that a handyman and his wife who were sacked by an order of monks were unfairly dismissed. They had worked for the order of Cistercian monks for 23 years. They were given just 10 minutes’ notice of the redundancies and..
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01 February 2005
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174 - 01 February 2005
Villalba appeals £7.5mn sex discrimination case
Stephanie Villalba, the former Merrill Lynch executive who lost a £7.5mn sex discrimination case against the firm is to appeal against the decision. She won her claim for unequal pay and unfair dismissal, and compensation for these claims has..
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01 February 2005
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174 - 01 February 2005
Sex discrimination claim settled by Prison Service
The Prison Service has settled a claim of sexual discrimination by nine lesbian prison officers. The officers from Holloway Prison were sent to other prisons after allegations that they were involved in sexual harassment and bullying. They are..
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01 February 2005
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174 - 01 February 2005
Skydiver fails in £1mn negligence claim
A former RAF skydiver suing the Ministry of Defence for £1mn failed to turn up at a High Court hearing. The judge dismissed the case but said that it could be reopened at a future date. The man suffered serious injuries and had his leg..
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01 February 2005
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174 - 01 February 2005
BA sued over part-time work
A pilot is suing British Airways for sexual discrimination because she was not allowed to work part-time to look after her baby. The case is supported by the pilots union Balpa. The issue is over the amount of part-time work, as British Airways said..
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01 February 2005
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174 - 01 February 2005
No liability for second-hand exposure to asbestos
The Court of Appeal has ruled that an employer should not be held liable for damages, as it could not have reasonably foreseen that the wife of one of its employees would have contracted mesothelioma after being exposed to asbestos dust on her..
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01 February 2005
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174 - 01 February 2005
Academic sued over unfair dismissal
A leading academic at the University of Manchester faces claims that he sacked a research associate because she was pregnant and having treatment for breast cancer.
Professor John McCarthy, along with UMIST, is being taken to the Manchester..
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01 February 2005
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174 - 01 February 2005
Priest settles sexual abuse claim
A priest is reported to have settled claims of sexual abuse out of court. The claims relate to an alleged incident at a parochial house involving an 18-year-old man. The priest is said to have paid out a five figure sum.
The civil action was started..
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01 February 2005
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174 - 01 February 2005
Nightclub “vicariously liable” for actions of doorman
Nightclub operators Luminar have been found responsible for an attack by a doorman which left a Southend firefighter with brain damage. A judge has ruled that Luminar Leisure is “vicariously liable” for the actions of the doorman. He was..
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01 February 2005
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174 - 01 February 2005
Nail bombing claims dropped
Damages claims over the Admiral Duncan nail bombing have been dropped. Six victims of the bombing had sued the owners of the pub for not having done enough in terms of security. However, they had made the claim on a ‘no win, no fee’..
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01 February 2005
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174 - 01 February 2005
Concerns over mobile phones and children
Parents are being urged not to buy mobile phones for children after a major review by the National Radiological Protection Board (NRPB) pointed to concerns. One phone company withdrew a phone aimed at children as a result of the report.
The NRPB..
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01 February 2005
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174 - 01 February 2005
Bush attacks US medical liability system
President Bush has said that the medical liability system in the US is out of control. In a recent speech in Illinois on medical liability reform, the President said that across the US “lawyers are filing baseless suits against hospitals and..
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01 March 2005
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174 - 01 February 2005
US consumer groups attack Tillinghast report
The Tillinghast report into US tort costs has been criticised by US consumer groups for having nothing to do with the costs of litigation, courts or the legal system.
J Robert Hunter, director of insurance for the Consumer Federation of America and..
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01 March 2005
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174 - 01 February 2005
US tort costs hit record $246bn in 2003
US tort costs reached a record $246bn in 2003, or approximately $845 per person, according to US Tort Costs: 2004 Update from the Tillinghast business of Towers Perrin.
This represents a 5.4% increase in tort costs from 2002 - a much slower growth..
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01 March 2005
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174 - 01 February 2005