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Chubb to renew bid for Hiscox?
Chubb Corp, whose friendly offer for Hiscox was rejected last January, is reported to be making moves that could lead to a hostile takeover bid, now the year’s moratorium is up.
Speciality insurer Hiscox not only is one of Lloyd’s..
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01 February 2002
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139 - 01 February 2002
XL closes two syndicates
XL Capital is realigning its Lloyd’s managing agency XL Brockbank and is closing two of its syndicates.
Composite syndicates 588 and 861, which were backed entirely by third-party capital for the 2001 year of account, will be closed.
For 2002,..
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01 February 2002
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Axa leaves legal indemnity field
Axa has pulled out of the provision of legal indemnity insurance, further reducing the number of players, which dropped from 35 to 26 last year.
It provided £3.17mn cover (2% of the market) to a range of law firms including Clifford Chance...
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01 February 2002
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Andersen embroiled
Questioned as part of the US Justice Department’s criminal investigation into the collapse of energy giant Enron, Andersen admitted it had destroyed a ‘significant’ number of documents relating to its auditing work.
It later..
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01 February 2002
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New mould study
A new study by reinsurance intermediary Guy Carpenter on toxic mould warns the industry of the need to be aware of the health risks as well as other considerations.
Around 9,000 toxic mould and mildew claims have been filed in the US and Canada in..
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01 February 2002
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State Farm makes ‘diminished value’ payments
State Farm Insurance has come to a US$250mn settlement, including US$100mn for diminished value of vehicles of up to 700,000 policyholders who have filed accident claims since 1993. The suit contended that the vehicles, however well repaired, were..
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01 February 2002
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Concern for ASEA Brown Boveri
A report by Thomas Ringkvist at BNP Paribas has singled out Swiss-Swedish electrical engineering company ASEA Brown Boveri for concern over mounting asbestos claims in the US. Its involvement stems from the acquisition of US power generating company..
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01 February 2002
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Lloyd’s coverage to stand
A New Orleans federal district court has dismissed a move by Lloyd’s underwriters and Turegum Insurance seeking to annul insurance coverage for asbestos claims filed against Babcock & Wilcox, a McDermott subsidiary since acquisition in..
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01 February 2002
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Deceit cuts damages
A seaman’s compensation for injury when hit in the face by a defective gangway has had compensation set far lower that the £500,000 sought, to around £100,000.
This was unrelated to his injuries and resultant loss but because he..
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01 February 2002
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Damages for employee suicide
This issue has spread from Japan to Australia. Cross-examination of an employee, injured in a road accident, resulted in depression and suicide.
His widow sought compensation for nervous shock and loss of financial support and was awarded..
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01 February 2002
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Awards and settlements
An ‘Insultingly low bonus’
and subsequent ousting from job as an analyst leads to £1.4mn compensation in respect of sex discrimination and unfair dismissal. In calculating the award the tribunal decided the £25,000 bonus..
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01 February 2002
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WTC/Silverstein 30 April deadline
The cutoff date for discovery in the single or multiple event wrangle between Swiss Re and Larry Silverstein has been set at 30 April. Mr Silverstein sought an almost immediate goahead, while Swiss Re called for at least six months.
Claims and..
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01 February 2002
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FIFA to pursue Axa
Football’s governing body, FIFA, plans to take legal proceedings against Axa, the insurer that cancelled cover for the World Cup due to be played in Japan and South Korea later this year. Damages sought are not yet specified but FIFA said the..
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01 February 2002
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Suit prepared against FSA
Class Law is to file suit in January on behalf of creditors’ group Creditors of Independent Insurance (CII) against the Financial Services Authority (FSA) alleging negligence in its regulation of Independent Insurance.
These include many small..
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01 February 2002
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Investigating Professional Liability and Financial Loss Claims
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01 February 2002
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Professional Indemnity Insurance: Facing the Past – Analyzing the Future
10–12 April • Queens’ College, Cambridge • The usual interactive format of expert presentations, masterclasses and symposium (free for all) will look at the whole gamut of developments in this sphere •..
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01 February 2002
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UK audit standards
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01 February 2002
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FSCS to levy £150mn
The Financial Services Compensation Scheme (FSCS) is to levy £150mn from nonlife insurers in April to bolster reserves funding payments for former policyholders of defunct insurers. This levy of 0.66% of relevant (ie general insurance) premium..
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01 February 2002
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NU renews Callery appeal to Lords
Norwich Union has won a part-victory in a renewed attempt to refer Callery v Gray
to the House of Lords. Leave to appeal was granted, subject to representations from the claimant, which were filed late in December.
Andrew Twambly, a partner at..
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01 February 2002
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Litigation funding review
The Lord Chancellor, Lord Irvine, is to review the way litigation is funded in England and Wales. Among alternatives under consideration will be the Scottish system of ‘fixed-capped costs’ of £25,000 in civil disputes and a limit of..
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01 February 2002
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Financial products sales shakeup
The Financial Services Authority (FSA) has issued a consultation document (response by 19 April) on the reorganisation of sales of financial products.
Proposals include an end to the two-part system of tied and independent financial advisers (IFAs)..
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01 February 2002
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Survey of UK nonlife market 2000
A survey of the UK’s nonlife market in 2000 appears in our sister publication London Market Newsletter
issue 707, giving a detailed breakdown and comparison for the market by sector and for 202 individual insurers.
Philip Morton at Informa..
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01 February 2002
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139 - 01 February 2002
Enron the latest trigger to higher D&O rates
As insurers assess the extent of their exposures (including directors’ and officers’ (D&O)) from the collapse of energy giant Enron, mega-broker Marsh has warned that demands for higher standards of corporate governance, and..
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01 February 2002
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Guinness appeal fails
The potential for huge compensatory damages against the Serious Fraud Office for sentences served by the Guinness Four (Ernest Saunders, Gerald Ronson, Jack Lyons and Anthony Parnes) has been averted by rejection of their action by the Court of..
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01 February 2002
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Directorial disqualifications rise
A 24% rise in the number of directors disqualified between March and September 2001 (compared with the same period in 2000) links to a new fast-track process introduced by the Insolvency Act rather than a great leap in dishonesty.
The act allows..
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01 February 2002
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PwC survey shows poor compliance
A survey by professional services firm PwC has shown that a significant minority of listed companies fall short on compliance with code for best practice in corporate governance. While some disclose more information than required, others ‘are..
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01 February 2002
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Audit fallout
The effects of the Andersen/Enron affair have already crossed the Atlantic. The UK’s Financial Services Authority is considering requiring public companies to rotate their auditors every few years to prevent the buildup of cosy relationships...
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01 February 2002
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‘Institutional racism’
Further payments are under negotiation following the independent inquiry by the Metropolitan Police into the handling of the case against Gurpal Virdi alleging he was responsible for sending hate mail. The inquiry found additional evidence of..
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01 February 2002
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Interview notes to be viewed
Catching up with the existing right of unsuccessful candidates to see notes made about them during job interviews, other applicants will have the same right (on payment of £10 per copy) under a new code from the Office of the Information..
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01 February 2002
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Wider employee consultation
After three years of argument, the European parliament and national governments have agreed on terms stating that firms with 50 or more employees must consult with them on all significant decisions.
Companies’ responsibilities under the EU..
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01 February 2002
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Compensation rates rise
Compensation for unfair dismissal has risen from a ceiling of £51,700 to £52,600, as of 1 February. The maximum amount for calculation of a week’s pay for unfair dismissal or redundancy has risen from £240 to..
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01 February 2002
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Discrimination compensation rises
A survey by IRS Equal Opportunities Review reports a 38% increase in compensation paid for discrimination (by sex, race and disability) to a total of £3.9mn in 2000, partly reflecting the increased upper limit for awards.
The average employment..
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01 February 2002
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London Underground fined
For what judge John Samuels QC categorised as a damning indictment of failure ‘from board members downwards [to apply] clearsighted common sense – a protracted disregard for basic safety procedures’, London Underground has been..
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01 February 2002
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Women soldiers suffer training injury
In a possibly intractable contradiction between equality and health and safety, a study by army doctor Lieutenant Colonel Ian Gemmell, published in the Journal of the Royal Society of Medicine
in January 2002, highlights additional injuries..
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01 February 2002
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European court rules on night flights
Compensation to local residents for disturbance suffered from night flights could cost between £400mn and £2bn (according to decibel level set as threshold) following a ruling of the European Court of Human Rights in Hatton v United..
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01 February 2002
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Concorde report
The final report of the French Air Accident Investigation Bureau (BEA) confirms that the 113-death July 2000 crash on takeoff from Charles de Gaulle airport was caused by tyre burst after contact with a stray piece of metal on the runway.
Even had..
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01 February 2002
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AA flight 587
Ongoing investigators by the US National Transportation Safety Board into the 265-death crash last November has found no evidence of terrorism, bird strike or engine fire or malfunction. Two components found out of action in a preflight check were..
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01 February 2002
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Executives die in Birmingham crash
A crew of three and two top executives of agricultural manufacturer AGCO died when a nine-seater Challenger executive jet apparently clipped the ground with its wing on takeoff from Birmingham airport in the UK. Investigations are still under..
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01 February 2002
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Airline losses
AMR, parent of American Airlines, has announced a fourth-quarter loss of US$798mn. This is attributed to the exodus of passengers – particularly those on business – after 11 September.
Continental followed with the announcement of a..
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01 February 2002
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Best year turns to worst
Statistics from analyst Airclaims show that 2001, set to be the best year ever for low aviation claims, was turned into the worst by the events of 11 September and the destruction of three SriLankan Airlines planes on the ground by Tamil Tigers...
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01 February 2002
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Carrier compensation
The US Department of Transportation has issued details of simplified rules for the compensation of air carriers for losses due to the attacks of 11 September. As of 26 December some 300 applications had been received and payments of over US$3.8bn..
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01 February 2002
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BA seeks £25mn 11 September compensation
British Airways is applying for up to £25mn of government-promised compensation for financial damage suffered in the four days following 11 September. This will leave £15mn for other airlines from the promised £40mn.
Airlines are..
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01 February 2002
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First World Trade Center court options
One of the first claims from a family member in respect of passenger death in one of the planes destroyed on 11 September has been filed in New York federal court against United Airlines.
The widow of Louis Mariani, a retired dairy worker, has opted..
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01 February 2002
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UK liability insurance survey
The survey is based on the statutory annual returns submitted to the Financial Services Authority (FSA) by 203 insurance and reinsurance companies.
Table 1 shows the top 10 UK liability insurers ranked by gross written premiums for UK business..
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01 February 2002
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Mould action
Some 500 tenants of a Manhattan housing complex will share US$1.8mn, an average of US$2,360 per household after expert and legal fees, in settlement of a class-action claiming that mould infestation in the Henry Phipps Plaza complex had made them..
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01 February 2002
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139 - 01 February 2002
Illinois allows ‘nuisance’ suits against gun firms
The Illinois state appellate court has ruled that gun makers and distributors may be sued for causing public nuisance if their distribution methods made it easy for young people and criminals to buy guns. This is a case filed by the families of five..
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01 February 2002
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Judge rejects Microsoft settlement
Federal judge Frederick Motz has rejected the US$1.6bn settlement proposed by Microsoft to settle a large number of private antitrust suits, involving provision of software and technical support to many impoverished schools.
Critics, in particular..
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01 February 2002
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6,000 deaths
Less dramatic in presentation, but 50% higher than the death toll of 11 September, workplace fatalities in 2000 are reported by the Bureau of Labor Statistics at 5,915.
The highest rate is for timber cutters (122.1 per 100,000 employed), closely..
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01 February 2002
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Check on scope of ADA
Ruling in Toyota Motor Manufacturing of Kentucky Inc v Ella Williams
, the US Supreme Court has limited the scope of the Americans with Disabilities Act (ADA). This is by a ruling that the inability to perform a specific activity does not..
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01 February 2002
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139 - 01 February 2002
Bhopal unsettled
Union Carbide (UC) has succeeded in beating off a challenge to the settlement set up to compensate the thousands of injured and families of the dead from the 1984 toxic gas leak in Bhopal. The main aspects of the action were dismissed by the Second..
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01 February 2002
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General liability writers in the US
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01 February 2002
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Manville trust funds depleted
The prototype of many asbestos trust funds, set up in 1982 by Denver-based building product maker Johns Manville Corp as part of chapter 11 bankruptcy protection, is in danger of serious depletion. Settlement Trusts, using at least 51% of a..
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01 February 2002
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Asbestos at ground zero
Environmental campaigners have alleged dangerous asbestos contamination on the site of the World Trade Center.
The New York Environmental Law & Justice Project conducted tests showing some buildings contained asbestos levels more than 500 times..
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01 February 2002
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Dow settles 14 Union Carbide claims
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01 February 2002
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Goodrich plans spinoff
Aerospace specialist Goodrich Corp plans to spin off its engineered industrial products business during the second quarter of 2002 to ringfence asbestos liabilities.
Goodrich general counsel and secretary Terry Linnert explained that Garlock and..
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01 February 2002
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Pfizer fights back on asbestos claims
Paul Miller, executive vice-president and general counsel of Pfizer, has taken a very upbeat stance on asbestos claims facing the New York drug maker stating that reserves, insurance and ‘extensive experience’ will shield it from..
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01 February 2002
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European insurers have biggest exposure risk
Merrill Lynch analyst Brian Shea has written a report on the current exposure of insurers to asbestos and environmental claims. This was triggered by the expected impact of court rulings against Halliburton and concerns over asbestos health risks in..
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01 February 2002
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RHI under pressure
RHI, the Austrian producer of fireproof materials, is named by Halliburton in a claim with the Securities & Exchange Commission alleging that RHI has made excessive use of a shared insurance pool set up to handle asbestos claims.
RHI faces..
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01 February 2002
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Cape offers settlement
After a long and vigorous battle against the claims of South African miners suffering asbestos-related disease, Cape has come up with a settlement offer.
This is under the leadership of its new chairman who, while carefully avoiding any criticism of..
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01 February 2002
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Parliamentary group calls for FSCS review
The parliamentary group on occupational health and safety has expressed concern to the Financial Services Authority about what it sees as unfair discrimination between different categories of asbestos claimant in the application of the Financial..
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01 February 2002
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Tobacco update
An antitrust challenge to a US$206bn national settlement
of tobacco litigation, put forward by cigarette wholesalers, has been refused hearing by the US Supreme Court. They argued that the agreement was a violation of federal antitrust laws in that..
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01 February 2002
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139 - 01 February 2002
BSE, CJD and OPs
Immediate screening for BSE of the flock of 40mn UK sheep
has been called for by a research team at Imperial College. In a letter to Nature
(10 January 2002) Prof Neil Ferguson also called for the introduction of controls on sheep parts suitable..
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01 February 2002
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Product liability in Italy
The Italian product liability system operates under the European Product Liability Directive, but without class actions or punitive damages. An overview of product liability laws, enforcement and implications appears in the December 2001 issue of..
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01 February 2002
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Tyre defect report system
In the aftermath of the Ford/Firestone tyre problems, the US National Highway Traffic Safety Administration has proposed new rules requiring reports from tyre and motor manufacturers of warranty claims, customer complaints and any other matters that..
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01 February 2002
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139 - 01 February 2002
Two-year guarantees
Despite UK failure of implementation of a European Directive effective from 1 January of this year, many consumers will seek product guarantees covering two years.
The directive requires guarantees of reimbursement, repair or replacement for many..
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01 February 2002
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Household magnetic fields
Research by Dr De-Kun Li of the Kaiser Foundation Research Institute in Oakland, California (reported in New Scientist
, 10 January 2002) suggests strong magnetic fields from trains and household appliances such as vacuum cleaners and food mixers..
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01 February 2002
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Healthcare liability act in New South Wales
Responding to the ‘medical indemnity crisis’, the New South Wales government addressed the matter by legislation in July 2001. The act’s overall aim is maintenance of affordable medical indemnity and definition of acceptable..
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01 February 2002
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France overrules ‘disabled birth’ decision
The French parliament have brought in speedy legislation to overrule the ruling of the highest court of appeal that a severely disabled teenager was entitled to damages from doctors whose failure to diagnose German measles prevented his mother..
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01 February 2002
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Accutane questioned
Hoffmann-La Roche drug Accutane (in the US) or Roaccutane (in the UK), prescribed only by consultants for the treatment of severe teenage acne, has occasional depressive side-effects.
A large feature in The Times
of 10 January 2002 suggests it may..
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01 February 2002
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Pfizer settles mega-award
Within hours of a Texas jury award of compensatory damages of US$43mn to a patient who suffered liver damage, and before they had completed deliberations on compensatory damages, Pfizer struck a settlement deal for an undisclosed sum. Pfizer had..
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01 February 2002
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Fen-phen settlement approved
The US Supreme Court has given approval for the US$3.75bn fen-phen settlement proposed by American Home Products. The settlement provides US$1bn for future medical examinations of those who used the diet drug and US$2.34bn to settle individual..
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01 February 2002
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Hepatitis C infection
A group of 117 people have won a case against the National Blood Authority, based on strict liability attaching to an EU Directive inserted into the Consumer Protection Act. This gives consumers the right to expect a product to ‘provide the..
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01 February 2002
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New combined health protection agency
A new agency, the National Infection Control & Health Protection Agency, is to be set up with an annual budget of £175mn to coordinate all aspects of health protection, infectious diseases, environmental risks and bioterrorism.
It will..
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01 February 2002
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Joint inspection of health providers
The National Health Service (NHS) and private providers are to come under a single inspectorate, with the secretary of state for the NHS transforming into the secretary of state for health and health provision.
In a separate move, acceptance of the..
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01 February 2002
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139 - 01 February 2002
Golf ball nuisance
An appeal against a decision that large quantities of golf balls falling onto a farmer’s land ‘contaminated’ the whole area of 18 acres, making it unsuitable for mowing by machine for the sale of hay, and the resultant order for..
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01 February 2002
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Act allows out-of-time amendment
Following a severe blow on the head while sailing on the defendant’s yacht, the claimant suffered amnesia and, relying on friends and family for information solicitors issued a writ for damages, arguing the claimant had been struck by a..
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01 February 2002
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Substitution of defendant
Under the Consumer Act 1987 a court may substitute a new party after the expiry of any time limit. In the case at issue a child, alleging use of vaccine had led to autism, discovered the correctly-identified batch of vaccine used had been mistakenly..
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01 February 2002
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Expert evidence
In a case where a defendant obtained his own occupational therapy report – dissatisfied with the jointly instructed expert – Lord Woolf laid down the process solicitors should follow in respect of expert evidence:
Instruction of joint..
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01 February 2002
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Wasted costs
An action for negligent misdiagnosis was dismissed as out of time; a wasted costs order was made against the culpable solicitor. On appeal it was held such orders could only be issued in relation to negligently performed actions and, as the..
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01 February 2002
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Avoidance of litigation
In the interests of avoiding unnecessary litigation between members of the public and public authorities, a court might have to hold, on its own initiative, an inter partes hearing to explore why complaints procedures or other forms of alternative..
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01 February 2002
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Validity of legal aid certificate
The Legal Services Commission (LSC) has no power to prevent work under full legal aid certification prior to its discharge. In the personal injury case at issue, a £10,000 settlement was rejected against solicitor’s and counsel’s..
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01 February 2002
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Cost-sharing orders
In allocating costs in a multiparty action it was not appropriate to order a claimant who had discontinued his action to cover not only his own costs but his several share of all costs. Such allocation should be determined following the trial of..
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01 February 2002
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Right of privacy
A case involving a degrading strip search by prison officers did not entitle the claimants to damages as:
Common law does not recognise a tort of invasion of privacy.
The events took place before the Human Rights Act came into force in..
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01 February 2002
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139 - 01 February 2002
SFA disciplinary proceedings not criminal
Disciplinary proceedings by the Securities & Futures Authority against a trader were not to be regarded as involving criminal charge or offence. This is dismissing an appeal against dismissal of an application for judicial review, seeking that..
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01 February 2002
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Third bodily injury study
Work has started on the third study into bodily injury awards in the UK, commissioned by the International Underwriting Association with actuarial research once more carried through by Mike Brockman. Investigation into trends in bodily injury..
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01 February 2002
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139 - 01 February 2002
Eleven-year-old sued for pool accident
Anthony Madigan, paralysed from the neck down as a result of an 11-year-old, Daniel Cooper, jumping on him from the side of a swimming pool at the Palma Bay Club in Majorca, seeks £1mn damages. His claim names the boy – and his parents..
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01 February 2002
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School discrimination against diabetics
Tom White, aged 16, has won a ruling by Preston Crown Court that his school, Clitheroe Royal Grammar School, was wrong to refuse to allow him to take part in two school trips.
A few years ago he became hypoglycaemic while on a skiing trip; following..
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01 February 2002
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139 - 01 February 2002
Exam errors
The first of the 17,000 students whose examination results were delayed or notified incorrectly by the Scottish Qualifications Authority (SQA) in 2000 has launched an action seeking compensation for damage to psychological health and harm to..
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01 February 2002
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Extension of Baycol class action
US and German lawyers are seeking to include claimants from more than 50 countries worldwide in the class action suit relating to cholesterol drug Baycol (marketed as Lipobay outside the US). Papers will be filed in the US District Court, Minnesota...
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01 February 2002
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WTC compensation fund detail
Kenneth Feinberg has outlined the terms of the US government-supported Victim Compensation Fund, adopted by Congress as part of the airline assistance package for families of those who died in the attacks of 11 September.
Uncapped, but estimated as..
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01 February 2002
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J P Morgan Chase targets Enron insurers
A group of major insurers is threatened with a claim from J P Morgan Chase alleging they have not paid US$965mn in surety bonds on collapsed trader Enron.
The insurers have won a brief stay while seeking sight of various documents they believe will..
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01 February 2002
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139 - 01 February 2002
HSE could be next target
As the Health & Safety Executive (HSE) continues its deliberations whether to sue Thames Trains for breach of its duty of care under the Health & Safety at Work Act, Thames Trains’ insurer, St Paul International, has served notice of..
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01 February 2002
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