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High as a half-eaten burger
It has been reported that two US police officers are to sue a well known burger chain because they allege that the hamburgers had been sprinkled with marijuana. They are alleging personal injury, negligence, battery and violation of fair practices,..
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01 December 2006
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196 - 01 December 2006
Study on the Economic Impact of Auditors’ Liability Regimes
By London Economics in association with Professor Ralf Ewert, Goethe University, Frankfurt am Main, Germany
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01 December 2006
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196 - 01 December 2006
Admissions of liability should be binding
Responding to the government’s consultation exercise on pre-action admissions, Thompsons Solicitors has called for admissions of liability made by defendants in personal injury cases to be binding. The law firm said: “Defendants are..
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01 December 2006
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196 - 01 December 2006
Legal services regulations published
New measures that overhaul the way legal services in England and Wales are regulated have been published in parliament. The Legal Services Bill introduces sweeping reforms in the regulation of the legal sector, brings in an independent complaints..
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01 December 2006
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196 - 01 December 2006
DCA publishes rules on claims management services
The Department for Constitutional Affairs (DCA) has published the rules that will apply to persons authorised to provide claims management services under the Compensation Act 2006 and the form for those seeking authorisation. This follows the recent..
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01 December 2006
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196 - 01 December 2006
APIL president addresses FOIL on personal injury litigation
Injured people should not be pursued and pressured by third party insurers who offer them upfront cash to “deal direct,” the president of the Association of Personal Injury Lawyers (APIL) has warned.
Speaking at a conference held by the..
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01 December 2006
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196 - 01 December 2006
Employment tribunal award limits
The annual increases on employment tribunal award limits have been announced and will come into force on February 1, 2007. The Employment Rights (Increase of Limits) Order 2006 sets out the new limits as below:
Table of Increase of Limits
Subject of..
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01 December 2006
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196 - 01 December 2006
Magian and Accord in PI tie up
Magian Underwriting, a providers of professional indemnity (PI) cover to IFAs and part of Martello Professional Risks, has joined forces with Accord Consultancy to offer exclusive PI terms to Accord’s IFA clients. Accord provides professional..
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01 December 2006
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196 - 01 December 2006
ACE and R&SA offer D&O on imarket
ACE European Group and Royal & SunAlliance (R&SA) have become the first insurers to offer Directors & Officers (D&O) Liability on the electronic trading platform imarket.
R&SA’s primary D&O product has been designed for..
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01 December 2006
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196 - 01 December 2006
Chubb appoints new head of specialty insurance
Chubb Europe has announced that Jeremy Miles has rejoined Chubb Insurance as head of CSI (Chubb Specialty Insurance) for UK and Ireland, where he will oversee various lines of business including: directors & officers liability, crime,..
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01 December 2006
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196 - 01 December 2006
Report on liability in the food and beverage sector
A softening market has seen the price of insurance limits in the food and beverage sector drop by almost 30% in the past two years, according to a new report from Marsh.
The report, “Managing liability in the food and beverage sector”,..
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01 December 2006
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196 - 01 December 2006
R&SA acquires PI underwriting specialist
Royal & Sun Alliance Insurance Group plc has acquired Martello Underwriting Limited for £38.5mn payable in cash. Martello is a specialist provider of professional indemnity insurance to small and medium sized professional practices in the..
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01 December 2006
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196 - 01 December 2006
Union calls for RIDDOR to include work related road accidents
For the first time the Department of Transport’s annual road casualty statistics have recorded the purpose of journeys. According to the union GMB, these statistics reveal that work vehicles were involved in over 54,000 crashes in 2005 or 150..
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01 December 2006
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196 - 01 December 2006
Lawyers turn to COSHH to sue over MRSA
Lawyers are reported to be turning to workplace safety legislation such as Control of Substances Harmful to Health (COSHH), to sue trusts for compensation over MRSA. Observers say that this could lead to a flood of MRSA compensation claims.
A few..
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01 December 2006
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196 - 01 December 2006
Union welcomes Learning Outside the Classroom Manifesto
Responding to the Manifesto, Chris Keates, general secretary of teachers’ union NASUWT, said “NASUWT advises its members to consider very carefully before participating in educational visits. Although no activity can be entirely risk..
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01 December 2006
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196 - 01 December 2006
Government launches no-nonsense guidance on school trips
The Government has announced that it is putting learning outside the classroom at the heart of the curriculum and young people’s personal development with a new £2.7mn package for schools.
Education and Skills Secretary Alan Johnson,..
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01 December 2006
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196 - 01 December 2006
ACE launches new D&O personal asset protection
ACE has launched a new personal asset protection programme for directors & officers in the UK under the brand name CODA. The CODA wording and cover has been specifically developed for UK directors and officers. According to ACE, CODA is designed..
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01 December 2006
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196 - 01 December 2006
ACE warning over Companies Act 2006 for directors
New legislation designed to simplify and improve company law in the UK and increased litigation involving directors and officers will put the personal liabilities and assets of individual senior executives at greater risk, according to ACE European..
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01 December 2006
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196 - 01 December 2006
RPC warns property valuers over negligence claims
The recent decision by Abbey and other banks to relax their mortgage lending criteria should put property valuers and their professional indemnity insurers on watch for negligence claims, according to Reynolds Porter Chamberlain (RPC).
RPC says that..
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01 December 2006
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196 - 01 December 2006
Pension fund trustees and actuaries targets for claims
Playing it too safe with pension fund investments could make trustees and actuaries open targets for negligence claims, according to Reynolds Porter Chamberlain (RPC).
The law firm points out that since the stock market crash of 2001/2002 a number..
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01 December 2006
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196 - 01 December 2006
ICAEW welcomes EU Auditor Liability report
The Institute of Chartered Accountants in England and Wales (ICAEW) has responded to the European auditor liability study by London Economics (see Feature later in this issue of Liability, Risk and Insurance).
The ICAEW has welcomed the report by..
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01 December 2006
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196 - 01 December 2006
Bullying is rife in newspaper industry says NUJ
Recent NUJ research has shown that bulling and discrimination is rife in the newspaper industry. The NUJ 2006 Membership Survey, conducted by the Trade Union Research Unit at Ruskin College, found that of the total respondents who replied to the..
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01 December 2006
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196 - 01 December 2006
Call for inquiry into cancer risks in computer manufacturing industry
Trade union Amicus has called for an inquiry into cancer risks in the computer and semiconductor manufacturing industry following new evidence from the US. A study in the US by Dr Richard Clapp of Boston University looking at death records of men..
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01 December 2006
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196 - 01 December 2006
Lecturers facing high levels of stress
Provisional findings from new research into the experiences of over 1000 staff in universities, further education colleges and adult education reveal high levels of stress as workloads increase. But only 16% of staff thought their institution was..
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01 December 2006
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196 - 01 December 2006
Study finds computer mouse use can cause hand-arm disorders
A new study has concluded that there is some evidence for a positive association between the duration of mouse use and hand-arm symptoms and disorders. The study, “Should office workers spend fewer hours at their computer? A systematic review..
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01 December 2006
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196 - 01 December 2006
Fundamental change for P&I market
The P&I market is going through a gradual but fundamental change as a result of two linked processes - one is new legislation and changes to existing laws affecting the shipping industry, the other is tougher insurance regulation of P&I..
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01 December 2006
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196 - 01 December 2006
Major report published on fatigue at sea
The findings of a recent research study add to the view that fatigue at sea is a significant safety issue, and that many seafarers are working hours in excess of the working time limits, and under-recording hours of work. The report also recognizes..
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01 December 2006
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196 - 01 December 2006
Military service associated with amyotrophic lateral sclerosis
A limited body of evidence suggests an association between military service and later development of amyotrophic lateral sclerosis (ALS), a rare but fatal neurodegenerative disorder, according to a report from the US Institute of Medicine, which..
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01 December 2006
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196 - 01 December 2006
Thompsons calls for insurance fund of last resort
Insurers should repay to the State the money insurers deduct from mesothelioma victims’ compensation payments, according to claimant law firm Thompsons. The firm has called for the Department of Work and Pensions (DWP) “to end the..
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01 December 2006
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196 - 01 December 2006
Smoking ban to start from 1st July 2007
The Government has announced that all enclosed public places and workplaces will become smokefree from 1st July 2007.
Health Secretary Patricia Hewitt said: “This is a triumph for public health and a huge step forward for health protection...
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01 December 2006
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196 - 01 December 2006
CJD surveillance unit annual report published
The Fourteenth Annual Report of the National Creutzfeldt-Jakob Disease Surveillance Unit has been published. The report looks back over the period from May 1990 when the Unit was set up to the end of 2005.
According to the report, there were 153..
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01 December 2006
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196 - 01 December 2006
No greater risk from artificial turf for footballers
A study has examined the risk of injury in elite football played on artificial turf versus natural grass, and concluded that no evidence of a greater risk of injury was found when football was played on artificial turf compared with natural..
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01 December 2006
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196 - 01 December 2006
Industrial chemicals damage children’s brains
Fetal and early childhood exposures to industrial chemicals in the environment can damage the developing brain and can lead to neurodevelopmental disorders (NDDs) such as autism, attention deficit disorder (ADHD), and mental retardation. However,..
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01 December 2006
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196 - 01 December 2006
Actual knowledge and constructive knowledge
An employee had been employed at various steel works between 1969 and 1998, and his work had involved using vibrating tools. From about 1992, he had suffered symptoms of hand-and-arm vibration syndrome, but did not do anything about it until a..
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01 December 2006
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196 - 01 December 2006
Disapplying primary limitation period
A man had claimed against his employer in respect of his exposure to vibrating equipment during his employment with them. In the early 1990s, he had experienced numbness in his fingers but attributed it to his age. By March 2000, his doctor informed..
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01 December 2006
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196 - 01 December 2006
Unfair dismissal and protected disclosure
A technology teacher hacked into the school’s computer system to demonstrate that security was inadequate. Before he hacked into the system, he informed the head of the department what he intended to do and afterwards he told the headmaster..
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01 December 2006
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196 - 01 December 2006
Lack of training, not suitability of equipment
A fireman had been injured when his finger had been caught in the moving part of a power ram. He had been using the ram in an effort to straighten a lorry cab that had buckled in a road accident, trapping the driver who was critically injured. He..
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01 December 2006
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196 - 01 December 2006
Care home abuse and liability insurance
A company’s policy of liability insurance covering bodily injury to persons other than employees caused in the course of business extended to the acts of abuse by employees at children’s care homes run by the company, but acts of abuse..
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01 December 2006
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196 - 01 December 2006
School supervisor negligent over slide accident
The Court of Appeal found that a school lunchtime supervisor was negligent when she turned away from supervising a group of children on a slide to see to the needs of another child.
The claimant was six and a half years old at the time of the..
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01 December 2006
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196 - 01 December 2006
Uniform policy not religious discrimination
An employee was employed by a train company as a customer services assistant. He described himself as a Muslim of Indian origin. His religious beliefs required that his beard was a minimum length of one fist (approximately 4 inches). His employer..
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01 December 2006
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196 - 01 December 2006
Compensation for race and sex discrimination
London Underground Ltd (LUL) has been ordered to reinstate a tube worker for race and sex discrimination, as well as pay him £25,000 in compensation, plus costs. The man, who is originally from India, has lived in England since 1963 and has..
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01 December 2006
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196 - 01 December 2006
Award over toxic fumes at work
A man who was taken ill after being exposed to toxic fumes at work is to receive £1,200 compensation. He was employed as a stock controller by a manufacturer and supplier of valve regulated lead-acid batteries.
Two of his colleagues were..
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01 December 2006
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196 - 01 December 2006
Compensation for zebra crossing accident
A man has secured £4,000 in compensation following an accident as a pedestrian at a zebra crossing. He was walking over a zebra crossing when a driver failed to give way and collided with him. As a result of the road accident he sustained an..
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01 December 2006
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196 - 01 December 2006
Mesothelioma award to widow
The family of a man who worked as a plumber for Ford and the Ministry of Defence and died of the asbestos cancer mesothelioma, have won over £50,000 in compensation. The man worked on the piping at the Woolwich Arsenal and was exposed to..
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01 December 2006
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196 - 01 December 2006
Widow awarded extra after Compensation Act amendment
A widow has been awarded more than £103,000 in compensation for her husband’s death from mesothelioma following exposure to asbestos in his workplace. She was originally awarded just £20,000 of a £140,000 compensation claim,..
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01 December 2006
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196 - 01 December 2006
Nurse wins latex allergy case
A former neo natal nurse whose career was ended by a latex allergy caused by negligent exposure by her employer has received a six figure sum in compensation.
The compensation reflects her past and future loss of earnings due to being unable to work..
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01 December 2006
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196 - 01 December 2006
Award for injured left arm
A man has been awarded £104,140 in work accident compensation after he was left with a permanent injury after an accident whilst working at a supermarket. He was pulling a cage loaded with stock across the yard when the wheels became jammed in..
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01 December 2006
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196 - 01 December 2006
Car worker with mesothelioma wins £100,000
An man has won over £100,000 compensation after developing mesothelioma after being exposed to asbestos during his time at a car factory working alongside laggers using asbestos lagging. He was also involved in fitting brake pads that contained..
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01 December 2006
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196 - 01 December 2006
Soldier sues MoD for post-traumatic stress
A soldier has become the first member of the Armed Forces to successfully sue the Ministry of Defence (MoD) for suffering post-traumatic stress while serving in Iraq. The soldier was awarded £375,000. The barrel of a weapon system ignited,..
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01 December 2006
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196 - 01 December 2006
Damages paid over twin death
An NHS trust has agreed to pay damages to a mother who claimed negligent monitoring led to the death of one of her twins and left the other disabled. The twin girls shared the same placenta. The mother gave birth prematurely and both babies suffered..
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01 December 2006
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196 - 01 December 2006
£3.9mn compensation 35 years after brain damage
A couple have been awarded compensation of £3.9mn, 35 years after their baby suffered brain damage in hospital. The couple only found out he had brain damage when he underwent a scan after his first epileptic fit at the age of 13. The High..
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01 December 2006
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196 - 01 December 2006
£5,000 settlement for shoulder injury at work
A man has received £5,000 in an out-of-court compensation settlement from his former employers after a shoulder injury at work and sustaining a permanent disability. He damaged his shoulder whilst working as a general handyman. Part of his role..
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01 December 2006
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196 - 01 December 2006
Care home abuse claim out of time
A claimant seeking damages after suffering sexual abuse at a care home and whilst resident at a detention centre has failed to win his case before the Court of Appeal, as the claim was not brought within the appropriate three year timescale, and the..
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01 December 2006
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196 - 01 December 2006
Fast track call for contaminated water claims
Solicitors acting for people who contracted illnesses following the cryptosporidium contamination of their water in December 2005 are today calling for Welsh Water to negotiate a fast-track framework to enable them to settle quickly the majority of..
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01 December 2006
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196 - 01 December 2006
Faulty cap manufacturer not liable
In a recent Court of Appeal decision it was held that the manufacturer of dishwasher powder was not liable for the injuries of a 13-month-old boy when he was able to ingest dishwasher powder because of a faulty cap.
The boy was able to remove the..
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01 December 2006
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196 - 01 December 2006
Asbestos claim over Pinewood Studio filmsets
The 1960’s Pinewood Studio filmsets for James Bond’s “Goldfinger”, Carry On movies and other well known films are at the centre of a £150,000 asbestos compensation claim. The widow of a man who contracted mesothelioma..
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01 December 2006
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196 - 01 December 2006
No increase in limits of liability in UK says Marsh study
Since 2004, UK firms have not increased their levels of insurance protection limits purchased despite increased litigation action, product recalls and supply chain risks. This is according to Marsh in its annual global study, “Limits of..
Online Published Date:
01 December 2006
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196 - 01 December 2006