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$65mn pants dry-cleaning lawsuit update
It’s all kicking off in the $65mn pants dry-cleaning lawsuit (see “No Comment!” in last month’s Liability, Risk and Insurance). It has quickly become a national scandal in the US, and even plaintiff lawyers believe the..
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01 June 2007
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202 - 01 June 2007
Safety on site
By Andrew Stokes and Chris Baranowski, Beachcroft
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01 June 2007
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202 - 01 June 2007
Monthly Quota
“It’s not a question of ‘if’ but ‘when’ they arrive in Europe…Class actions are coming whether you like it or not.” - Glenn Gibson, CEO, The Americas, Crawford & Co, opening his AIRMIC conference..
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01 June 2007
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202 - 01 June 2007
Government report on mediation programmes
The Ministry of Justice has published a report entitled “Twisting arms: court referred and court linked mediation under judicial pressure”. This report evaluates a quasi-compulsory mediation programme and a voluntary mediation scheme...
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01 June 2007
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202 - 01 June 2007
Agreement on recoverability of medical agency fees
Leading medical reporting organisations (MROs) and insurers have reached an agreement that should finally put an end to disagreements about the recoverability of medical agency fees, and bring greater certainty about the amounts payable.
Negotiated..
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01 June 2007
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European judicial trends and casualty insurance report
Guy Carpenter & Company, announced the publication of “Recent Legislative and Judicial Trends in Continental Europe affecting the Casualty Insurance Industry”, a new report produced by the firm’s International Casualty..
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01 June 2007
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Parabis acquires Martello Underwriting from RSA
Parabis Limited, part of the Parabis Group, has completed an agreement with Royal & SunAlliance for the acquisition its Martello Underwriting Limited claims and legal team. As a result of this deal, Parabis Limited has announced the launch of..
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01 June 2007
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Hiscox launches policies for charity trustees
Hiscox has announced the launch of two new insurance packages aimed at the trustees of charities, clubs and associations. The Hiscox Charities Insurance Portfolio and the Hiscox Clubs and Associations Insurance Portfolio have been developed..
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01 June 2007
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QBE forms new casualty division
QBE European Operations has announced the formation of a casualty division under the joint leadership of newly appointed managing directors Ash Bathia and David Constable, with effect from 2008.
The new division will bring together the casualty..
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01 June 2007
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DoT statistics on 2006 road casualties
The Department of Transport has published National Statistics on road casualties in Great Britain in the fourth quarter of 2006, which relate to casualties in accidents reported to the police. The number of fatalities in road accidents fell by 2% in..
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01 June 2007
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Clinical negligence service will cut waiting times
Medical evidence provider Mobile Doctors has launched a specialist service designed to reduce the time involved in litigating clinical negligence cases. The agency’s new clinical negligence service will provide lawyers and insurers with access..
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01 June 2007
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Councils reveal cost of pavement trips
Councils in the east of England have paid out £6mn since 2001 in compensation payments to people who have been injured by tripping up on pavements. The figure, which excludes legal fees, was obtained by the BBC through the use of Freedom of..
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01 June 2007
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202 - 01 June 2007
ACE extends D&O coverage
ACE European Group has extended its Directors and Officers (D&O) coverage to provide protection for the company itself, in addition to executives and business owners, in a move targeted at small and medium size private companies.
ACE has..
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01 June 2007
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Marsh hires Aon’s Scottish Professional Risks team
Marsh has announced that it is hiring Aon’s Scottish Professional Risks team. The team will be based in Marsh’s offices in Glasgow and Edinburgh and will focus on client service and development across FINPRO National’s business in..
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01 June 2007
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Survey shows reduction in sickness absence
A major survey published by EEF, the manufacturers’ organisation, has found that despite continuing investment in occupational health by employers, significant barriers still need to be overcome in order to reduce absence further.
According to..
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01 June 2007
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CRE report on employment and ethnic minorities
Figures released by the Commission for Racial Equality (CRE) indicate that employment is the leading issue among ethnic minority communities. The CRE received over 5,000 complaints over the last six months and found that 43% of all complaints were..
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01 June 2007
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202 - 01 June 2007
Large increase in employment tribunal cases
Latest figures from EEF, the manufacturers’ organisation, show that the number of employment tribunal cases has risen dramatically. According to EEF, which it says is one of the UK’s leading providers of employment law services,..
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01 June 2007
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202 - 01 June 2007
Absence study from CBI/AXA
Workers took an average of seven days off sick in 2006, losing 175mn working days and costing the economy £13.4bn, according to the latest CBI/AXA survey into absence.
The research revealed that long-term absence of 20 days or more accounts for..
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01 June 2007
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Survey highlights mental health problems in workplace
Mental ill health is the second largest cause of time lost due to sickness absence in UK organisations, with stress, depression, and anxiety accounting for over 50% of these mental health problems, according to a new report from the Chartered..
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01 June 2007
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European campaign to tackle musculoskeletal disorders
Musculoskeletal disorders (MSDs) are the most common work-related health problem in Europe, affecting millions of workers, according to European Agency for Safety and Health at Work. Across the EU27, 25% of workers complain of backache and 23%..
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01 June 2007
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Children need to take risks says RoSPA
Children need wilder places to play where they can take risks, the Royal Society for the Prevention of Accidents (RoSPA) has said. Recent reports have suggested that some parents deny their children the chance to play outside by themselves, in part..
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01 June 2007
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New guidance for directors and health and safety
The Institute of Directors (IoD), at the request of the Health and Safety Commission (HSC), is leading a steering group consisting of key stakeholders to oversee the production of new, authoritative guidance setting out what is expected of directors..
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01 June 2007
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Risk manager calls for extended wordings for environmental liability
An on-going tentative atmosphere is making it unnecessarily difficult to obtain environmental liability cover for pollution, according to a workshop at the annual AIRMIC conference.
“We’re continuing to equate gradual pollution with..
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01 June 2007
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Climate change study looks at liability risks
A study entitled “Limiting Liability in the Greenhouse: Insurance Risk-Management Strategies in the Context of Global Climate Change” has been published by the Stanford Environmental Law Journal and the Stanford Journal of International..
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01 June 2007
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202 - 01 June 2007
Increase in lung conditions for New York City rescue workers
Doctors have reportedly found that the number of New York City rescue and recovery workers with a rare type of lung-scarring condition soared in the year after the World Trade Center collapsed. The findings come from a clinical study reported in the..
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01 June 2007
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Insurers “price-gouging doctors” in the US
The American Association for Justice (AAJ) has released a report entitled “No Basis for High Insurance Rates: An Analysis of the 15 Largest Medical Malpractice Insurers 2006 Financial Statements”, which reveals that “the medical..
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01 June 2007
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Award in religious discrimination suit
A Phoenix jury has awarded more than $287,000 in a religious discrimination suit against Alamo Car Rental brought by US Equal Employment Opportunity Commission (EEOC). The EEOC had charged that Alamo had committed “post-9/11 backlash..
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01 June 2007
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Campaign for equality in level of bereavement compensation
A Parliamentary Early Day Motion (EDM) has been laid down by Blaydon MP David Anderson, supporting a campaign by Thompsons Solicitors, which is demanding equality for families affected by asbestos in England and Wales after it was revealed they are..
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01 June 2007
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Study into railway workers and magnetic fields
Railway workers exposed to extremely low frequency magnetic fields have an elevated risk of certain blood cancers, according to a new study. In a study of more than 20,000 Swiss railway workers who were followed for 30 years, researchers found that..
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01 June 2007
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202 - 01 June 2007
Wi-fi exposure and damage to health – Panorama investigation
A BBC Panorama investigation has revealed that radio frequency radiation levels in some schools are up to three times the level found in the main beam of intensity from mobile phone masts.
However, since the programme was aired, a number of..
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01 June 2007
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202 - 01 June 2007
Exposure to pesticides linked to Parkinson’s disease
Researchers at Aberdeen University have found that high levels of exposure to pesticides increase the risk of getting Parkinson’s disease by 39%, while even low levels raised it by 9%. The study was reported in the journal Occupational and..
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01 June 2007
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202 - 01 June 2007
Warning over increased regulatory requirements for product recall
Recent changes in EU product recall legislation have created a far riskier environment for UK companies. This is according to Ed Mitchell, senior underwriter at XL Insurance, who told delegates at the annual Association of Risk Managers (AIRMIC)..
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01 June 2007
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202 - 01 June 2007
REACH regulations come into force
The new European chemicals legislation, REACH (Registration, Evaluation, Authorisation and restrictions of Chemicals) has entered into force, and at the same time, the new European Chemicals Agency has started operations in Helsinki. According to..
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01 June 2007
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Pubs and bars warned over US-style liquor liability
UK pubs and wine bars need to watch out that they don’t over-serve drunk customers, as the increasing threat of US-style liquor liability could lead to costly lawsuits. This is according to Aon’s Vine to Wine report which warns the..
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01 June 2007
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202 - 01 June 2007
Broker liable for underinsurance of BI cover
An insurance broker was liable for negligent advice arising from underinsurance of business interruption cover following a fire. The broker failed to advise that the method of calculating insured gross profit was different under the proposed policy..
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01 June 2007
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202 - 01 June 2007
Interim payments and “reasonable portion”
The court did not consider that an interim payment of £850,000 exceeded a reasonable portion of the sum which the claimant was likely to receive in respect of his damages.
The claimant suffered very serious brain injuries in a car accident...
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01 June 2007
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202 - 01 June 2007
Accepting a payment into court out of time
The defendant company appealed against an order that they should pay the claimant’s costs when he was given permission to accept a payment into court out of time. The costs included those incurred after the expiration of 21 days from the date..
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01 June 2007
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202 - 01 June 2007
Local authority’s principal duty is to child
The Human Rights Act 1998 did not give rise to a duty of care to the parent of a child on the part of a local authority when exercising, through social workers, its duty to protect children from abuse. The local authority’s principal duty was..
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01 June 2007
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202 - 01 June 2007
Conditional fees and success fee under CPR Pt 45
In a road traffic accident claim the claimant’s solicitors, operating under a conditional fee agreement providing for a success fee, were entitled to a 100% success fee under CPR Pt 45 where the claimant had won at trial, even though he failed..
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01 June 2007
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202 - 01 June 2007
Footballer’s loss of earnings claim reduced
A claim for damages of nearly £7mn for an injury sustained to a professional footballer, and which included a substantial loss of earnings claim, was reduced to £1.5mn
A professional footballer suffered an injury to his knee during..
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01 June 2007
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202 - 01 June 2007
Prison football injury payment
A man has won £5,000 compensation after suffering a leg break while playing in a prison football match. The man was playing a five-a-side game when the incident occurred. While challenging for a header, he fell awkwardly and suffered multiple..
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01 June 2007
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202 - 01 June 2007
Damages for cruise accident
A woman has won over £3,000 in compensation after an accident during a cruise on the Queen Mary 2. A sheet of glass fell down onto her balcony from a deck above, missing her by inches but causing her to fall backwards to the ground, injuring..
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01 June 2007
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202 - 01 June 2007
Award for physically assault on child care officer
A county council has paid damages to a senior child care officer after failing to protect her from physical and mental injury. The woman was physically assaulted by a teenager, having been previously subjected to several other violent incidents and..
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01 June 2007
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202 - 01 June 2007
£12,000 damages for ‘mechanical back’
A council employee has secured over £12,000 in damages following an accident at work which has left him with a ‘mechanical back’. He was injured when he sat in a colleague’s chair and leant against the backrest. The spine of..
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01 June 2007
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202 - 01 June 2007
£42,500 damages for illegal football tackle injury
The partner of a member whose leg was broken in two places by an illegal tackle during a Sunday league football match has been awarded £42,500 in compensation.
The injured man was hurt when an opposing player subjected him to a late, high and..
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01 June 2007
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202 - 01 June 2007
£15,000 for loading bay accident
A man who sustained multiple injuries and scarring following an accident on the loading bay at a mail centre has won £15,000 in compensation. He was standing on a scissor lift in order to pass empty containers from a loading bay onto the back..
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01 June 2007
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202 - 01 June 2007
Mesothelioma claim for ex-pat in Australia
A man now resident in Australia who was diagnosed with mesothelioma has been awarded over £100,000 in compensation. Leigh Day & Co acted in conjunction with lawyers at Australian firm Slater & Gordon to facilitate bringing a claim for..
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01 June 2007
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202 - 01 June 2007
Back injury caused by faulty chair
A man has received £3,000 in an out of court settlement from his former employers after a faulty chair resulted in him suffering a back injury whilst at work. The man suffered the injury whilst working at his desk. A colleague came over and..
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01 June 2007
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202 - 01 June 2007
Dentist failed to spot gum disease
A woman has won an out-of-court settlement of £13,500 after a dentist failed to notice that she had been suffering from gum disease for many years. The private dentist had been treating her for 10 years. Her teeth had rotted away underneath the..
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01 June 2007
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202 - 01 June 2007
£3mn damages for woman hit by police car
A woman who was hit by a police car when on a pelican crossing has been awarded over £3mn in compensation. The woman suffered brain damage after being hit by the car which was responding to an emergency call. The police car had gone through a..
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01 June 2007
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202 - 01 June 2007
Woman in ice slip award
A shop worker who slipped on ice and was left unable to work has won £4,500 in compensation. The woman slipped on a path outside the shop where she worked and injured her shoulder. As a result she was not able to work for eight months. Her..
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01 June 2007
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202 - 01 June 2007
Award for sexual orientation discrimination
Two lesbian nurses have won compensation of more than £350,000 after being sacked over their sexuality. The nurses were dismissed from their jobs in a care home following allegations that they had allowed sexual and physical abuse of the..
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01 June 2007
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202 - 01 June 2007
£1mn in compensation for amputated leg
A former maintenance worker whose leg was crushed and partially amputated at a building site has been awarded £1mn in compensation. A tipper truck toppled against him and trapped him against a pile of rubble. In order to free him, his leg was..
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01 June 2007
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202 - 01 June 2007
Widower wins £700,000 in compensation
The widower of a woman who died during childbirth has won his case for compensation from the hospital. His wife gave birth to triplets but during the delivery she suffered a perforated bowel and she died six weeks later. The man was awarded..
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01 June 2007
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202 - 01 June 2007
£9.5mn damages for car crash brain injury
A teenager has been awarded £9.5mn in compensation after sustaining head and spine injuries leaving him severely disabled. He was injured when the car in which he was a passenger was involved in a car crash. He is now confined to a wheelchair..
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01 June 2007
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202 - 01 June 2007
Girl left blind at birth awarded nearly £1mn
A girl who was left blind because of errors by hospital staff at her birth has won nearly £1mn in compensation. The NHS trust admitted liability and will pay an initial payment of £411,000 and further yearly sums of £15,000. The girl..
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01 June 2007
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202 - 01 June 2007
Couple win damages over safari plane crash
A couple have been awarded £340,000 in an out of court settlement after they were seriously injured in a plane crash abroad whilst on a safari holiday in Tanzania. The plane they were travelling in had to make an emergency landing after..
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01 June 2007
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202 - 01 June 2007
MoD pays £4.7mn to brain damaged soldier
The Ministry of Defence (MoD) has paid £4.7mn to a former SAS soldier who suffered a devastating brain injury. The Court of Appeal rejected an MoD appeal over the level of damages. The ex-solider was on duty in the Middle East, when he was hit..
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01 June 2007
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202 - 01 June 2007
£74,000 for family of mesothelioma victim
The family of a man who died from asbestos-related mesothelioma have won more than £74,000 in compensation. The claimant was a labourer for the firm, which is part of the now defunct Turner and Newall (T&N) group. His work inside railway..
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01 June 2007
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202 - 01 June 2007
£950,000 for asbestos related illness
A father has secured in excess of £950,000, said to be one of the largest ever compensation payouts for an asbestos related illness, after supporting his widowed daughter in law and two young grandsons in their battle for compensation.
The man..
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01 June 2007
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202 - 01 June 2007
Compensation for noise induced hearing loss
A man who suffered from noise induced hearing loss (NIHL) accumulated over many years has won £4,000 in compensation. He brought his claim after realising that his hearing had become severely impaired, struggling to hear normal conversations..
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01 June 2007
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202 - 01 June 2007
£15,000 for facial injury accident
A man has been awarded £15,000 in an out-of-court settlement by his former employers after suffering a serious injury to his face which has resulted in permanent disfigurement.
The accident occurred whilst the man was attempting to repair..
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01 June 2007
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202 - 01 June 2007
Sex change doctor sued by former patients
A doctor, who is regarded as an expert in the field of sex change operations, is facing claims from former patients who claim they were subjected to “rushed and negligent treatment”. According to a report in the Guardian, up to six..
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01 June 2007
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202 - 01 June 2007
Prison officer sues over blood swallowing
A former prison officer is suing the Scottish Prison Service for £300,000 after he swallowed the blood of an intravenous drug user whilst breaking up a fight. Although tests for Aids and hepatitis proved negative, the prison officer said that..
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01 June 2007
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202 - 01 June 2007
Airline faces lung cancer compensation exposure
Airline Qantas could potentially be exposed to tens of millions of dollars in compensation after a dying aircraft maintenance worker was awarded almost $1mn for lung cancer he contracted after working for the airline, according to a report in..
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01 June 2007
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202 - 01 June 2007
Whistleblower to sue over sacking
An accountant is suing her employer for £700,000 claiming that her name and reputation have been damaged. The chartered accountant believes that she was sacked from her £67,000 a year post for whistleblowing. She told an employment..
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01 June 2007
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202 - 01 June 2007
Mistaken cancer diagnosis victim to sue
A man who spent his life savings and gave up work after doctors mistakenly said he had six months to live is to sue for damages. He was diagnosed with pancreatic cancer two years ago. He spent his life savings on expensive meals, gave up his job..
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01 June 2007
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202 - 01 June 2007
Government launches consultation on civil law on damages
A consultation paper proposing changes to parts of the civil law on damages has been published by the Department for Constitutional Affairs. The paper considers a number of measures, including enabling a wider range of people to claim damages when..
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01 June 2007
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202 - 01 June 2007