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Irritating adverts? – Calm down, Dear!
With all the talk of compensation culture and the rise of the US tort problem in the UK, it is good to see that not all the British public are out to sue everyone possible. A reent poll suggests that some of the public are even getting a bit fed up..
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01 February 2007
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198 - 01 February 2007
PI insurance: limits of indemnity
By Peter Mansfield, Ben Goodier, and Ellie Crespi, CMS Cameron McKenna, Bristol
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01 February 2007
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198 - 01 February 2007
Monthly Quota
“Absolutely” - Professor Lawrie Challis, a world expert on mobile phone radiation, and chairman of the government-funded mobile telecommunications health research programme, when asked by The Times whether the mobile phone could turn out..
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01 February 2007
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198 - 01 February 2007
Government announces review of IIDB scheme
A review of the Industrial Injuries Disablement Benefit (IIDB) scheme has been announced by Jim Murphy, Minister for Employment and Welfare Reform. IIDB provides compensation and benefits for people who are injured or made ill through work. The..
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01 February 2007
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198 - 01 February 2007
New limits for unfair dismissal and redundancy payments
The limits on payments and awards made to workers in employment rights cases have rise as from 1 February 2007 under the annual index-linked formula.
The increased limits affect:
statutory redundancy payments;
the basic and compensatory awards for..
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01 February 2007
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198 - 01 February 2007
APIL warning over regulation of claims management companies
Injured people will continue to be at the mercy of insurers’ pressure tactics unless politicians urgently re-think how the business of capturing claims is to be regulated.
The Association of Personal Injury Lawyers (APIL) has warned..
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01 February 2007
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198 - 01 February 2007
Food and drink product contamination insurance from XL
XL Insurance Company Limited has launched a new primary food and drink product contamination insurance which includes integrated crisis management cover. The insurance not only covers costs associated with a product recall, ranging from withdrawal..
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01 February 2007
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198 - 01 February 2007
Marsh calls for stringent risk management over MRSA
In the wake of reports that the NHS is failing to meet MRSA targets, Marsh is recommending that Britain’s hospitals urgently adopt stringent risk management procedures in order to win the war on superbugs. Marsh recommends a three-pronged..
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01 February 2007
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198 - 01 February 2007
New NHS clawback rules come into force
New rules allowing the NHS to claim back money for treating people who have been paid personal injury compensation could see more than £150mn being put back into patient care, Minister of State at the Department of Health, Andy Burnham has..
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01 February 2007
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198 - 01 February 2007
Cyber-bullying of teachers on increase, says survey
A survey into teachers’ experiences of cyber-bullying by the Teacher Support Network and the Association of Teachers and Lecturers (ATL) has revealed that bullying by mobile phone, email or over the internet is a growing problem, and calls..
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01 February 2007
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198 - 01 February 2007
Declining D&O premium rates in US
Changing corporate governance practices and excess capital in the insurance market have made US directors and officers (D&O) liability premiums drop in recent years, according to a new briefing from Advisen Ltd.
The briefing reveals that since..
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01 February 2007
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198 - 01 February 2007
Case highlights issue for professional indemnity insurers
A recent case should sound a warning note to professional indemnity insurers that they could find themselves having to pay out for costs over and above their insured’s limit of indemnity, if their clients lose their case, according to law firm..
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01 February 2007
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198 - 01 February 2007
Amicus warning over workplace allergies
Union Amicus is calling for action from the Government to combat workplace allergies. The incidence of allergic diseases in the UK is rising overall but the union believes that workplace related allergic diseases are being under reported.
The union..
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01 February 2007
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198 - 01 February 2007
APIL calls for ABI commitment on EL code
Changes to the Association of British Insurers (ABI) code which aims to help industrial disease victims trace former employers’ insurers are finally being discussed, after the code’s worst performing year since its inception, says the..
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01 February 2007
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198 - 01 February 2007
Review of Code of practice for tracing EL policies
The Department for Work and Pensions has published a review statement for the Code of Practice for Tracing Employers’ Liability Compulsory Insurance Policies covering the period 1 November 2003 – 31 October 2005. This represents the..
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01 February 2007
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198 - 01 February 2007
High levels of stress in further and higher education staff
High levels of stress are widespread amongst staff throughout further and higher education and staff widely believe that management - far from addressing the issue are contributing to the problem. This is according to a survey conducted on behalf of..
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01 February 2007
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198 - 01 February 2007
IOSH gets tough on “bonkers” health and safety scare stories
The Institution of Occupational Safety and Health (IOSH) has started to get tough on the media scare stories which blame health and safety policies. First, it responded to a Daily Mirror report of football being banned in the playground. IOSH..
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01 February 2007
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198 - 01 February 2007
Canadian review examines risk of work injury for adolescents
Exposure to work hazards and a frenetic job pace increases the likelihood of injury among adolescent and young adult workers, according to a new systematic review carried out by the Institute for Work & Health in Toronto.
Work setting also..
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01 February 2007
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198 - 01 February 2007
Opinion could lead to changes in UK health and safety laws
Law firm Eversheds says that the Advocate-General’s opinion in the Commission v UK case could result in major changes to UK health and safety laws. Eversheds says that the opinion did not confirm that the UK’s system of ‘reasonable..
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01 February 2007
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198 - 01 February 2007
Health and safety professionals back advocate general
Health and safety professionals have welcomed the advocate general’s initial opinion in the legal challenge to UK workplace safety laws, but are still concerned that businesses could be left footing a huge bill to comply with the..
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01 February 2007
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198 - 01 February 2007
UK health and safety laws backed by Advocate General
European Union laws to protect the health and safety of workers are being applied correctly in the UK, the European Court’s Advocate General, Paolo Mengozzi, has said.
He urged judges to dismiss legal action by the European Commission which..
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01 February 2007
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198 - 01 February 2007
Significant premium reductions in 2006 renewal season
There were significant reductions in lead premium levels due to heightened competition and low loss levels during the 2006 renewal season, according to Aon Aviation’s Airline Insurance Market News. Lead premium levels were down nearly a..
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01 February 2007
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198 - 01 February 2007
Insurers urged to develop environmental liability products
The Federation of European Risk Management Associations (FERMA) is calling on insurers to be less “risk averse” and develop products that will allow businesses to protect themselves against new exposures to liability for environmental..
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01 February 2007
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198 - 01 February 2007
White paper on insurability of environmental liability launched
The CEA, the representative organisation for the European insurance and reinsurance industry, has launched a White Paper on Insurability of Environmental Liability at a meeting in Brussels to consider the necessary conditions for the successful..
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01 February 2007
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198 - 01 February 2007
New York City bans trans fat oils in restaurants
The New York City Board of Health is reported to have banned trans fat oils and shortenings from being used in an estimated 24,000 restaurants. They are also requiring that restaurants with standard menu items, such as Starbucks or McDonald’s,..
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01 February 2007
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198 - 01 February 2007
Americans support tort reform according to survey
The US Chamber of Commerce’s Institute for Legal Reform has begun an aggressive advertising campaign highlighting the electorate’s strongly held view that Congress should fix America’s broken lawsuit system.
“Congress would..
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01 February 2007
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198 - 01 February 2007
Unofficial figures show increasing ground zero workers’ deaths
Associated Press has reported that an unofficial, anecdotal death toll of post-Sept. 11 workers is rising rapidly. AP said that in 2006, the number of deaths tracked by a lawyer suing the city and contractors overseeing the cleanup of ground zero..
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01 February 2007
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198 - 01 February 2007
Increasing risk of skin cancer from sunbeds
The risk of developing skin cancer from using sunbeds has more than doubled in a decade, according to researchers, the Times has reported. A survey of tanning facilities in Scotland found that 83% of sunbeds tested had UV light outputs that exceeded..
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01 February 2007
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198 - 01 February 2007
Mass study planned on risks of mobile phones in UK
The Times has reported that a mass study of the long-term impact of mobile phones is to be undertaken amid fears that people who have used them for more than 10 years are at greater risk from brain cancer.
The study will involve more than 200,000..
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01 February 2007
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198 - 01 February 2007
Medical evidence vital in MRSA litigation
This year will see medical evidence taking a pivotal role in healthcare litigation cases as superbugs sweep the country, according to medical evidence provider Mobile Doctors Limited.
In recent months there have been 15 deaths linked to superbug..
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01 February 2007
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198 - 01 February 2007
MRSA levels down 5%
New figures published by the Health Protection Agency (HPA) have shown the third consecutive reduction in MRSA levels in England - down 5.0% from the same period in 2005. There was however, a 5.5% increase in cases of Clostridium..
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01 February 2007
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198 - 01 February 2007
VWF and the issue of limitation – part 2
The claimant developed symptoms of VWF in the 1990’s but had not issued proceedings until April 2004. The defendants argued the issue of limitation and the trial Judge held that for the purposes of the Act he would have acquired knowledge by..
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01 February 2007
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198 - 01 February 2007
VWF and the issue of limitation – part 1
The claimant had suffered from vibration white finger symptoms since 1992. However, it was not until 2004 that he issued proceedings. The trial Judge held that on the facts it was clear that he had constructive knowledge under the Limitation Act..
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01 February 2007
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198 - 01 February 2007
No reduction if contributory negligence not pleaded
Court of Appeal has ruled that a court was not entitled to reduce a claimant’s damages for contributory negligence where the grounds for the reduction had not been specifically pleaded.
An experienced ship’s electrical engineer was..
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01 February 2007
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198 - 01 February 2007
Appropriate index for periodical payments order
The High Court has accepted expert evidence that future care costs will increase faster than RPI and that, on the facts, the annual survey of occupational earnings for care assistants and home carers (ASHE 6115) is a more appropriate index than RPI..
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01 February 2007
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198 - 01 February 2007
Issue of significance of injury re Limitation Act
The question whether an injury was “significant” for the purposes of s 14(2) of the Limitation Act 1980 had to be decided by reference to the seriousness of the injury and not by reference to its effect, let alone its subjectively..
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01 February 2007
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198 - 01 February 2007
Settlement for non-disclosure of MS
A police constable, who has had symptoms of the debilitating disease multiple sclerosis (MS) since 1992, is to receive a significant, undisclosed sum in compensation in an out-of-court settlement from a NHS Trust because medics at a hospital did not..
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01 February 2007
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198 - 01 February 2007
£115,000 for asbestos exposure
A pensioner has been awarded more than £115,000 in compensation after being exposed to asbestos as an apprentice during his work as a lagger’s mate aged 16. He was exposed to asbestos during 1956 to 1957 when he worked stripping asbestos..
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01 February 2007
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198 - 01 February 2007
Compensation for pleural thickening
A man has won a bid for compensation after he was exposed to deadly asbestos fibres as an apprentice. The 65-year-old man has been awarded a substantial sum in compensation from British Rail after he was diagnosed with lung condition pleural..
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01 February 2007
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198 - 01 February 2007
£2mn compensation for birth injuries
An NHS Trust has paid out £2mn compensation to a three-year-old girl who was starved of oxygen at birth. As a result, she has a severe form of cerebral palsy. The Trust admitted negligence and the case was settled. The Trust agreed to make..
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01 February 2007
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198 - 01 February 2007
Compensation for scooter accident over drain cover
A GMB member and former Labour Party employee has won £25,000 compensation from a council following an accident on his motor scooter caused by a poorly fitted drain cover.
He was on his way home from work and was driving his scooter at..
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01 February 2007
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198 - 01 February 2007
£28,000 for wrong tooth removal
A man has received £28,000 in compensation after a dentist mistake resulted in the wrong tooth being removed. The man was eight years old when he visited his dentist for a routine tooth extraction, but the dentist mistake caused the wrong tooth..
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01 February 2007
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198 - 01 February 2007
£17,000 compensation for unfair dismissal
A man has been awarded £17,000 compensation for unfair dismissal after he lost his job as a delivery driver. He was sacked after an alleged complaint that he had smelled of alcohol. An employment tribunal ruled that he was unfairly dismissed as..
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01 February 2007
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198 - 01 February 2007
Substantial damages for car accident victim
A man has won “substantial damages” two years after a road accident left him with a serious brain injury and mobility problems requiring 24-hour care. The man was hit by a car after stopping to repair a blown tyre. He suffered a severe..
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01 February 2007
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198 - 01 February 2007
Widow wins £90,000 over husband’s mesothelioma death
A widow has won £90,000 in compensation following the death of her late husband, aged 86, from mesothelioma. He was exposed to the lethal asbestos dust while working as a storeman for an aircraft manufacturer during the 1960s. The out-of-court..
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01 February 2007
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198 - 01 February 2007
£75,000 in damages for child’s sexual abuse
A man who suffered years of sexual abuse at a children’s home in Scotland has been awarded £75,000 in damages for pain and suffering. He was subjected to regular physical, sexual and verbal abuse. The perpetrator was jailed for 15 years..
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01 February 2007
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198 - 01 February 2007
7/7 victim wins unfair dismissal case
A victim of the 7 July bombings has won a substantial out-of-court settlement after she was dismissed after taking two days’ sick leave from the firm of recruitment consultants. She reportedly went home in distress over the death of a..
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01 February 2007
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198 - 01 February 2007
Settlement for worker on sick leave sacked by fax
A council worker who was sacked by fax after 17 years’ service has won damages at an employment tribunal. The case was settled out of court. Reports suggest that the settlement could be in the region of £500,000, according to a schedule..
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01 February 2007
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198 - 01 February 2007
£5.75mn in compensation for cerebral palsy at birth
A girl who was born with acute cerebral palsy has won £5.75mn in compensation. She was left brain damaged after mistakes were made by doctors during her delivery. She will require full time care for the rest of her life. She now suffers from..
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01 February 2007
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198 - 01 February 2007
Law firm hit with age discrimination claim
Law firm Freshfields Bruckhaus Deringer has been hit with an age discrimination claim from a former partner, according to a report in the Times. The 54-year-old former head of insolvency was reportedly one of about 30 lawyers who opted to retire..
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01 February 2007
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198 - 01 February 2007
Miners get group litigation order for knee arthritis
Mining union Nacods has successfully applied for a group litigation order for miners with arthritis of the knee looking for compensation. The miners claim that the condition was caused by years of repetitive work in cramped conditions.
A..
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01 February 2007
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198 - 01 February 2007
IVF clinic allegations could lead to legal claims
IVF legal expert Muiris Lyons of Irwin Mitchell, who acts on behalf of Natallie Evans in her “frozen embryo” litigation which is currently pending judgment from the Grand Chamber of the European Court of Human Rights in Strasbourg, has..
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01 February 2007
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198 - 01 February 2007
Pete Burns sues over lip augmentation
Dead or Alive singer and Celebrity Big Brother star Pete Burns is taking legal action against the surgeon who carried out lip augmentation procedures on him.
The star is to sue the surgeon who began treating him in 2000, alleging that the surgeon..
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01 February 2007
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198 - 01 February 2007
£3mn compensation claim launched over birth injuries
A man who blames severe memory loss and mental illness on birth injuries allegedly sustained 23 years ago has launched a £3mn compensation claim. The man claims he sustained catastrophic damage to a part of his brain that controls the memory..
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01 February 2007
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198 - 01 February 2007
Solicitor steals to pay compensation
An incompetent solicitor stole money from clients in order to pay other clients the level of damages they had expected in compensation claims. The solicitor was jailed for 18 months after admitting seven charges of theft totalling £99,400 and..
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01 February 2007
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198 - 01 February 2007
Court of Appeal rejects sex and pregnancy discrimination appeal
A woman has lost her sex and pregnancy discrimination case at the Court of Appeal. The woman was employed as a senior banker. She was made redundant not long after returning from maternity leave and she claimed that the decision to dismiss her was..
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01 February 2007
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198 - 01 February 2007
DTI challenges ruling on dockers working with asbestos
The Department for Trade and Industry (DTI) is reportedly challenging a high court decision that it had legal responsibilities for dockers working with asbestos under dock labour employment schemes in the 1950s and 1960s.
The DTI has appealed a high..
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01 February 2007
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198 - 01 February 2007
Cost benefit analysis shows Irish PIAB is cheaper and faster
UK insurers and lawyers will be interested to see the latest cost benefit analysis produced by the Irish Personal Injuries Assessment Board (PIAB), especially since the independent analysis has shown that the PIAB “delivers the same level of..
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01 February 2007
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198 - 01 February 2007