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Egg and spoon woman loses case against Zurich
A woman who was injured in an egg-and-spoon race organised by her employer Zurich Financial Services has lost her claim for compensation. She slipped on wet grass and suffered neck pains from the fall, after she fractured her sternum.
The court..
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01 March 2005
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175 - 01 March 2005
Equitas settles asbestos claim for $84.5mn
Equitas has agreed to settle all the asbestos claims against Lloyd’s of US firm American Standard Co in a deal reported to be around $84.5mn. According to Equitas, $10mn will be paid in the first quarter of this year and the balance will be..
Online Published Date:
01 March 2005
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175 - 01 March 2005
Pay my claim one more time
Pop star Britney Spears is to sue eight insurers for nearly $10mn in damages for their refusal to pay losses incurred when her European tour was cancelled due to a knee injury.
The eight insurers are Liberty Syndicate Management, Beazley Furlonge,..
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01 March 2005
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175 - 01 March 2005
Munich Re cuts back on pharmaceutical business
Munich Re is reported to be writing less business in the pharmaceutical industry and has raised its rates to insure clients in that sector, according to an article in Der Spiegel magazine.
A spokesman for the reinsurer said it is underwriting..
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01 March 2005
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175 - 01 March 2005
Swiss Re takes stand on pharmaceutical liability claims
Reinsurer Swiss Re has made a stand against what it described as a growing threat of moral hazard in pharmaceutical liability claims and terms and conditions which it considers uneconomic, according to a report in Insurance Day.
Swiss Re head of..
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01 March 2005
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175 - 01 March 2005
Silica report sees cautious optimism
Guy Carpenter & Company has released an update to its 2004 report, “Silica - A Litigation Sandstorm,” which reveals that two recent developments in silica litigation, although limited in scope, allow some cautious optimism that..
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01 March 2005
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175 - 01 March 2005
Equitas pays $84.5mn to settle asbestos claims
Lloyd’s reinsurer Equitas is to pay US group American Standard around $84.5mn to settle all the company’s asbestos claims against the London market. Equitas is to pay $10mn during the first quarter, and will place the balance into a..
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01 March 2005
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175 - 01 March 2005
Environmental risks are major balance sheet threat
Environmental risks could represent the biggest (as yet, non disclosed) threat to a company’s balance sheet, according to Aon Limited. Failing to seek adequate protection before being forced to recognise its true liabilities from environmental..
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01 March 2005
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175 - 01 March 2005
New Dutch venture targets medium-sized enterprises
Raets P&I Group, based in Netherlands, is reported to have circulated brokers with details of a newly planned venture called Raets MultiModal, targeting medium-sized enterprises looking for marine liability cover, according to Lloyd’s..
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01 March 2005
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175 - 01 March 2005
IT businesses uninsured for professional indemnity
Nearly two in five (39%) of IT companies do not have any form of professional indemnity (PI) insurance, despite the increasing threat of litigation they face, according to a survey of senior IT managers.
The survey found that over one in three (36%)..
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01 March 2005
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175 - 01 March 2005
CII accreditation for AIG webcast
AIG Europe (UK) has launched the first Chartered Insurance Institute (CII) accredited webcast. The webcast, which can be viewed for free over the Internet, gives insurance professionals Continuing Professional Development (CPD) points for learning..
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01 March 2005
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175 - 01 March 2005
The Pharmaceutical sector
The major exception to what is, on balance, good news for insureds is the pharmaceutical sector. Prices have remained very firm with ever closer scrutiny of product lines and policy terms and conditions. The real problem lies with those major firms..
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01 March 2005
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175 - 01 March 2005
Feature
By Willis Limited
The global insurance market finally emerged at the beginning of 2004 from one of the most intense hard markets for decades. The overall shape of the cycle conceals significant variations in timing and amplitude of the cycle..
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01 March 2005
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175 - 01 March 2005
Emerging exclusions
Silica – Industrial processes using silica such as sand blasting have produced a significant number of personal injury claims in the US. It is becoming increasingly common to see silica exclusions being introduced.
Welding Fumes - Actions are..
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01 March 2005
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175 - 01 March 2005
Case of the month
An appeals court in the US has ruled that a man who claims that his former lover deceived him by getting pregnant using semen obtained through oral sex can sue for emotional distress but not for theft. She says they had the baby through sexual..
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01 March 2005
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175 - 01 March 2005
How many lawyers does it take…?
It had to happen eventually. The US now officially has more than 1mn lawyers. According to the American Bar Association, there were 1,084, 504 practicing lawyers at the end of 2004.
As the San Francisco Chronicle pointed out in a recent article,..
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01 March 2005
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175 - 01 March 2005
Asbestos
Asbestos exclusions are now almost taken for granted. However many insureds are becoming increasingly concerned about the cover gap as regulations tighten worldwide. This is a particular problem for the asbestos remediation industry which is reliant..
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01 March 2005
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175 - 01 March 2005
Terrorism
Terrorism continues to be excluded from many liability policies. However recently there has been some evidence of a softening of attitude by some insurers on less exposed risks where it has been possible to avoid the exclusion. As yet it is unclear..
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01 March 2005
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175 - 01 March 2005
Employment Appeal Tribunal gets Charter Mark status
The Employment Appeal Tribunal has achieved Charter Mark status, the standard for excellence in service delivery, for the first time. In addition, the Employment Tribunal Service (ETS) Regional Operations Directorates has achieved, for the second..
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01 March 2005
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175 - 01 March 2005
Decision welcomed by equality commissions
The recent landmark Court of Appeal decision strengthening the Burden of Proof regulations has been welcomed by all three equality commissions.
The judgment makes it clear that if an individual has established that there could be a valid case of..
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01 March 2005
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175 - 01 March 2005
Court of Appeal strengthens Burden of Proof regulations
Three cases recently went before the Court of Appeal which addressed the issue of the burden of proof regulations: Igen v Wong, Chamberlin and Emezie v Emokpae and Webster v Brunel University.
The Court of Appeal confirmed that it is possible for..
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01 March 2005
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175 - 01 March 2005
Public servants becoming too risk averse
Bill Callaghan, chairman of the Health & Safety Commission, has said that public servants are in danger of becoming too risk averse, in an interview with the Financial Times. Mr Callaghan added that “the aim of a risk free society”..
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01 March 2005
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175 - 01 March 2005
Government Action Group on compensation culture
A joint Action Group looking into the issue of the compensation culture has been established. The Group comprises almost 30 Government, public and private sector bodies.
Constitutional Affairs Minister David Lammy said: “The membership of the..
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01 March 2005
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175 - 01 March 2005
RSA in US reserve strengthening
Royal & Sun Alliance (RSA) has strengthened its US reserves by £160mn in the fourth quarter of 2004. The Group said that this strengthening “is within the expectations laid out in the nine months results announcement and is..
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01 March 2005
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175 - 01 March 2005
RIMS survey highlights softening market in US
According to the US Risk and Insurance Management Society (RIMS) Benchmark Survey, a survey of current policy renewal prices as reported by corporate risk managers, 2004 saw the commercial insurance industry experience a full year of a soft market...
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01 March 2005
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175 - 01 March 2005
No EL needed where owner is sole employee
Companies employing only their owner will not have to buy employers’ liability compulsory insurance (ELCI) after new rules came into force in February. The Government estimates there are around 300,000 small companies that will be able to take..
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01 March 2005
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175 - 01 March 2005
easyJet to offer motor insurance online
The founder of easyJet Stelios Haji-Ioannou, is reported to be planning to move into the motor insurance market. The plan is to offer motor insurance policies online, with Zurich providing the insurance cover, the website and the claim-handling..
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01 March 2005
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175 - 01 March 2005
IUA examines future of unlimited motor injury insurance
The International Underwriting Association is to produce a discussion paper on the future of unlimited motor injury insurance cover. Research into the issue has been commissioned following discussions between the association and the Parliamentary..
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01 March 2005
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175 - 01 March 2005
School trip guidance welcomed
The Government’s announcement on new guidance for school trips has been welcomed by the Health and Safety Executive (HSE) and by teachers’ unions.
Deputy Director General (Operations) of the HSE, Justin McCracken, said: “HSE..
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01 March 2005
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175 - 01 March 2005
New guidance for school trips to be published
The Government is to release new guidance for teachers covering school trips designed to allay fears that teachers will be sued by parents if accidents occur.
Education and Skills Secretary Ruth Kelly said the Government wants outdoor learning,..
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01 March 2005
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175 - 01 March 2005
Little accountability for company directors, says CCA
Research from the Centre for Corporate Accountability (CCA) has revealed that only 11 UK company directors have ever been convicted of manslaughter following a work-related death. Five of the directors were sentenced to imprisonment, another five..
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01 March 2005
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175 - 01 March 2005
Study points to ear plugs for rock gigs
A study by the University of Toronto recommends the provision of ear plugs, education at concert entrances and the reduction of music sound levels to minimize the risk of hearing loss for rock concert attendees.
The conclusions are part of a study..
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01 March 2005
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175 - 01 March 2005
Computer-related strain injury study
A new study into computer-related strain injuries has found that “when organising computer work it is important to allow for physical variation with other work tasks, thereby avoiding working with the computer during all the work time, and..
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01 March 2005
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175 - 01 March 2005
Offshore health and safety statistics for 2003/04
New offshore health and safety statistics show there were three fatal accidents during 2003/04 compared to none in 2002/03 and 48 ‘major’ injury incidents, a decrease of 25% on last year’s figures.
The figures come from the Health..
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01 March 2005
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175 - 01 March 2005
S&P reports on International Group of P&I Clubs
Standard & Poor’s Ratings Services said that it is maintaining its stable outlook for the International Group of Protection and Indemnity Clubs (IG), with the expectation that its insurer financial strength ratings on clubs in the..
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01 March 2005
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175 - 01 March 2005
Piracy attacks more violent but numbers down
Pirates preying on shipping were more violent than ever in 2004 and murdered a total of 30 crew members, compared with 21 in 2003, according to the ICC International Maritime Bureau in its annual piracy report for 2004.
The number of attacks..
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01 March 2005
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175 - 01 March 2005
Breast cancer link to metalworking fluids
A study in the “American Journal of Industrial Medicine” has found that women with jobs that involve metalworking fluids may have a higher risk of developing breast cancer. The researchers looked at women who spent at least three years..
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01 March 2005
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175 - 01 March 2005
US archdioceses paid $93.4mn in settlements in 2004
A survey conducted for the US Conference of Catholic Bishops by the Centre for Applied Research in the Apostolate (CARA) has found that more than 600 Roman Catholic priests and deacons were accused of sexually abusing minors last year.
The survey..
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01 March 2005
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175 - 01 March 2005
Large class action lawsuits move to federal courts
The US Senate has approved a bill that will transfer large, multi-state class-action lawsuits to federal courts. It has been argued that federal courts are less favourable to plaintiff lawyers compared to state courts.
The bill now goes to the House..
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01 March 2005
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175 - 01 March 2005
Passive smoking is a risk factor says study
A major study into passive smoking has concluded that environmental tobacco smoke is a risk factor for lung cancer and other respiratory diseases, particularly in ex-smokers.
The large study investigated the association between environmental tobacco..
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01 March 2005
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175 - 01 March 2005
Insurers to face Sudan I dye recall claims
The biggest recall of products in British history is set to cause headaches for the insurance industry, covering product liability, product recall, general liability, and business interruption.
More than 400 products have been recalled so far after..
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01 March 2005
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175 - 01 March 2005
NHSLA guide on clinical negligence litigation
A brief guide for clinicians on clinical negligence litigation is now available from the NHS Litigation Authority (NHSLA).
The CNST provides an indemnity to clinicians in the context of their employment with NHS member trusts for clinical negligence..
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01 March 2005
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175 - 01 March 2005
Which? investigates laser eye surgery clinics
Laser eye surgery clinics are failing to inform people about the health risks involved in operations to correct vision, according to Which? research.
Researchers posing as short-sighted patients phoned around clinics to ask about the risks and side..
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01 March 2005
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175 - 01 March 2005
MRSA deaths on the up says ONS report
The Office for National Statistics (ONS) has revealed that MRSA deaths are on the increase. A report on deaths in England and Wales where methicillin-resistant Staphylococcus aureus (MRSA) was mentioned on the death certificate, found that among..
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01 March 2005
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175 - 01 March 2005
Avian flu drugs stockpiled in UK
The government has begun stockpiling anti-viral drugs to protect against Avian bird flu. Media reports suggest that supplies of the drug Tamiflu have been bought and police officers, transport workers and firefighters will be among those offered the..
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01 March 2005
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175 - 01 March 2005
BBC programme lifts lid on claims farmers
A special investigation by the BBC Wales current affairs programme, “Week In Week Out,” has highlighted the issue of claims farmers involved in slip and trip claims.
The programme looked at compensation culture in Wales, and featured an..
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01 March 2005
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175 - 01 March 2005
Costs penalty for exaggeration of claim
The fact that a claimant was awarded more than the sum paid into court by the defendant in an offer to settle was not the guiding factor in awarding costs where the defendant proved the claimant had exaggerated her personal injury claim.
The Court..
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01 March 2005
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175 - 01 March 2005
Court of Appeal hears stress claims
The Court of Appeal considered six appeals relating to claims of stress at work leading to psychiatric injuries. The outcomes were:
Nursing auxiliary for children with learning disabilities:
The employer was not liable because her depression and..
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01 March 2005
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175 - 01 March 2005
Solicitor’s conflicting duties to two different clients
If a solicitor put himself in the position of having conflicting duties to two different clients, his duty to both clients remained unmodified and he was, therefore, liable in damages to the client whose duty he had failed to perform.
The House of..
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01 March 2005
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175 - 01 March 2005
Advice by advocate at door of court
Advice by an advocate as to rejection or acceptance of a proffered settlement of an action, especially when it had to be given at the door of the court, could not be reasoned with comprehensive precision and the advocate could not be expected to..
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01 March 2005
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175 - 01 March 2005
Exceptional cases only for second appeals
It was only in an exceptional case that permission to appeal would be granted for a second appeal. Where the appeal raised an important point of principle or practice that had not yet been determined, permission could be given under rule 52.13(2)(a)..
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01 March 2005
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175 - 01 March 2005
No compensation for increased size of aircraft
Alterations to Southampton Airport that enabled larger aircraft to be accommodated thus increasing passenger numbers, did not entitle nearby property owners to compensation for the diminished value of their homes caused by the increased aircraft..
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01 March 2005
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175 - 01 March 2005
Deliberate jump different to accidental fall
A woman who was leaving the car park of a hotel, jumped over a small wall, believing that she was following the same path as her partner had taken. In fact, at the point at which she jumped over the wall, there was a six foot drop and she fell..
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01 March 2005
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175 - 01 March 2005
No grounds of appeal from tribunal delay
Unreasonable delay by employment tribunals was matter of fact not a question of law and did not constitute an independent ground of appeal.
The Court of Appeal so held, in allowing the appeal of the claimant against the decision of the Employment..
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01 March 2005
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175 - 01 March 2005
Two-stage process in discrimination cases
An employment tribunal had to conduct a two-stage process in discrimination cases: first the complainant had to prove discrimination, and then the respondent had to prove he did not commit the unlawful act.
The Court of Appeal so held in a number of..
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01 March 2005
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175 - 01 March 2005
Leisure centre slip and trip award
A fitness enthusiast who damaged her ankle after an accident at a leisure centre has been awarded £5,000 in compensation in an out of court settlement.
The woman slipped on a pool of water at the back of the court whilst playing badminton. She..
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01 March 2005
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175 - 01 March 2005
Nurse wins lifting claim
A staff nurse has received £5,000 after badly injuring the ligaments in his neck and shoulder whilst lifting an invalid patient from a wheelchair to an X-ray table. There was no patient hoist readily available or any other mechanical means of..
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01 March 2005
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175 - 01 March 2005
Animal rights protestors win false imprisonment claim
Ten animal rights protestors have collectively received £30,000 in compensation from Wiltshire Constabulary for false imprisonment and detention in police custody. The police admitted liability.
All the protestors were arrested on suspicion of..
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01 March 2005
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175 - 01 March 2005
£200,000 for hit and run victim
A man who was knocked over by a hit and run driver has received £200,000 in a settlement. The man suffered head injuries which caused damage to his eyesight, the loss of his sense of smell and balance mechanism, difficulties with his memory,..
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01 March 2005
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175 - 01 March 2005
Hospital slip caused loss of eyesight
A hospital has settled a case for £19,500 which involved an elderly woman slipping on a wet floor, and losing her sight in one eye as a result. The woman, who was in her 70s, was taken to hospital experiencing chest pains and was kept in..
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01 March 2005
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175 - 01 March 2005
Highest recorded damages for pain and suffering
The widow of a mesothelioma sufferer has been awarded the highest recorded damages for her husband’s pain and suffering following his death. The “pain and suffering” award of £67,000 reflects the radical nature of his..
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01 March 2005
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175 - 01 March 2005
£1.57mn in damages for cerebral palsy baby
A seven-year-old girl who was severely brain-damaged at birth has been awarded £1.57mn in damages. The girl has cerebral palsy which left her profoundly disabled. The NHS Trust admitted liability. The girl has a life expectancy of 15 years, and..
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01 March 2005
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175 - 01 March 2005
Latex allergy nurse wins £144,000
A nurse has received £144,000 in compensation after her allergy to latex gloves went untreated for years. The allergy developed over nearly 10 years. She was prescribed E45 and hydrocortisone creams by her GP and advised to wear cotton gloves..
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01 March 2005
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175 - 01 March 2005
BNP councillor was lawfully sacked
An employment tribunal in Bradford has ruled that a British National Party councillor was lawfully sacked from his job as a council driver, for being a member of the BNP. The union UNISON had written to Bradford Council chief executive Philip..
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01 March 2005
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175 - 01 March 2005
Court of Appeal says farmer is liable for machinery
A farmer who allowed a neighbour to use a piece of hay turning equipment, is liable for his neighbour losing his sight when a piece of machinery broke off and pierced his eye.
The Court of Appeal overruled the decision of Cardiff County Court that..
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01 March 2005
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175 - 01 March 2005
Paddington rail crash victim sues
A victim of the Paddington rail crash is reported to be launching a multi-million pound damages claim against Thames Trains which has admitted liability. The man suffered major burns and was left permanently disabled. A hearing will determine the..
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01 March 2005
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175 - 01 March 2005
Stalker loses human rights claim
A man has lost his claim for £50,000 in damages after he claimed that police breached his human rights. The man, who had previously been jailed for harassment, claimed that police breached his human rights by warning women he was a danger. He..
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01 March 2005
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175 - 01 March 2005
Woman sues over lost kidney
A woman is suing a hospital, claiming that she lost her kidney because of a hospital error. She alleges that the hospital failed to rearrange a kidney scan after problems were found. As a result, she left teacher training college because of the pain..
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01 March 2005
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175 - 01 March 2005
£1mn claim for salmonella poisoning
A woman is claiming £1mn in compensation after suffering from salmonella poisoning. She claims that this triggered arthritis. The woman, a former midwife, sued the Chinese restaurant, which admitted liability for the salmonella poisoning but..
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01 March 2005
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175 - 01 March 2005
Scottish Executive loses slopping out appeal
The Court of Session has dismissed an appeal by the Scottish Executive against compensation won by a prison inmate over slopping out. The prisoner won £2,450 after claiming he suffered an outbreak of eczema from slopping out. He claimed that..
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01 March 2005
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175 - 01 March 2005
Another cyclist wins compensation
A cyclist has settled a four year battle for compensation against Warwickshire County Council. He was injured when his front wheel was caught by a vertical fault dip in the road, which trapped his wheel, stopping his bike from moving forwards and..
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01 March 2005
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175 - 01 March 2005
Injured cyclist wins six figure sum
A cyclist has recovered a six figure sum for spinal injuries sustained as he was taking part in a Road Times Trial Council (RTTC) time trial in July 2001. The cyclist was hit with “significant force” by a Leyland lorry on the A1 road...
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01 March 2005
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175 - 01 March 2005
Six figure sum for widow of cyclist
The widow of a 64-year-old cyclist who was killed whilst competing in a Time Trial, has received a “substantial six figure sum.” The cyclist was hit by an airport taxi minibus. The driver was convicted of the criminal offence of driving..
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01 March 2005
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175 - 01 March 2005
Rat poison exposure may have caused baby death
The family of a baby boy, who died shortly after his birth because of his mother’s exposure to rat poison, are being advised by the product liability department at Leigh Day & Co.
According to the law firm, recent scientific studies show..
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01 March 2005
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175 - 01 March 2005
Pleural plaques: The good news and the bad
The long-awaited verdict in the pleural plaques test case has been a mixed blessing for insurers. While the judge ruled that pleural plaques are capable of being compensated, he also cut the levels of compensation payable.
The test cases involved..
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01 March 2005
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175 - 01 March 2005