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Sit up straight AND mind your posture
News reaches us of a new piece of software, linked to a webcam, which claims to help organisations cut the costs of back pain, repetitive strain injuries (RSI) and other musculoskeletal disorders amongst their computer-based staff.
The software is..
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01 November 2006
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195 - 01 November 2006
The social construction of bodily injury (Part Two)
By Phil Bell, Royal & SunAlliance
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01 November 2006
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195 - 01 November 2006
Monthly Quota
“The government must explode the myth that it can and should manage all risk. It must admit that zero risk is unachievable, unattainable and undesirable.” - The Better Regulation Commission launching its report “Risk,..
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01 November 2006
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195 - 01 November 2006
APIL warns over payments into court
The Association of Personal Injury Lawyers (APIL) has warned that injured claimants may be left stranded by Government proposals to allow certain public sector bodies and insured defendants to evade payments into court.
In its response to a DCA..
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01 November 2006
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195 - 01 November 2006
Thompsons in new funding initiative for clinical negligence
Thompsons Solicitors has introduced a new funding aspect to its Clinical Negligence Service, in a move designed to provide medical negligence claimants with easier access to justice. According to the law firm, it follows the curtailment of legal aid..
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01 November 2006
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195 - 01 November 2006
Corporate killing bill warning from RPC
The new Corporate Manslaughter and Corporate Homicide Bill should lead to a review of Employers Liability and Public Liability insurance policies, says law firm Reynolds Porter Chamberlain (RPC). The Home Office has predicted an increase from the..
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01 November 2006
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195 - 01 November 2006
Equitas and Berkshire Hathaway in reinsurance agreement
Equitas and Berkshire Hathaway have reached an agreement in principle on a structure in which National Indemnity Company, a member of the Berkshire Hathaway group of insurance companies, will:
Reinsure all Equitas’ liabilities;
Provide up to..
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01 November 2006
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195 - 01 November 2006
Illium expands into South of UK
Illium Managing Agency is expanding its service company operations into the South of the UK. The Lloyd’s liability and commercial motor specialist has appointed a new regional underwriter, Chris Ashmead, who will be based at the group’s..
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01 November 2006
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195 - 01 November 2006
New ICT policy from Chubb
Chubb Insurance has launched a new cover which it says is designed specifically to meet the changing needs of the technology industry, and which provides property, liability and professional indemnity covers. “The new cover is set to..
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01 November 2006
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195 - 01 November 2006
Insurers offering wider cover for same rate, says Aon
As premium rates continue to fall, insurers are taking less premium for more risk, leading to significant concern about sustaining their profitability levels, according to Aon’s “2006 European Property, Liability and D&O..
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01 November 2006
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195 - 01 November 2006
Warning over driving on rural roads
Male drivers are more than twice as likely as women to assume good road conditions are safer and then take dangerous risks, according to a new national survey.
A poll of 1,500 drivers by YouGov for the THINK! road safety campaign revealed that men..
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01 November 2006
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195 - 01 November 2006
BMA seeks clarification of cover for consultants
The British Medical Association (BMA) has written to a number of NHS Trusts seeking clarification of the liability cover available to consultants who provide assessments and references under Article 14 of the General and Specialist Medical Practice..
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01 November 2006
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195 - 01 November 2006
NHS reports on bullying
A joint report on bullying has been published by NHS Employers and information firm Consult Gee. “Tackling Bullying in the NHS: Is it on your agenda? gives the results of a survey of HR managers carried out at the HR in the NHS 2006 conference..
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01 November 2006
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195 - 01 November 2006
Willis reports on D&O market in the US
With 10 mega claim directors & officers (D&O) settlements in the first six months of this year totalling roughly $3.5bn, both the frequency and severity of such settlements were ahead of 2005’s record pace. This is according the..
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01 November 2006
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195 - 01 November 2006
Contractors can be liable for flaws in architects’ designs
A recent ruling has confirmed that building contractors can be held liable for the flaws in architects’ designs if they build to those plans, according to Reynolds Porter Chamberlain (RPC).
The Court of Appeal recently ruled that a firm of..
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01 November 2006
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195 - 01 November 2006
Employee survey highlights bullying problem
One fifth of all UK employees have experienced some form of bullying or harassment over the last two years, according to findings from a survey of 2,000 employees by the Chartered Institute of Personnel and Development (CIPD) in association with..
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01 November 2006
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195 - 01 November 2006
Stress is major workplace problem says TUC
Stress is still the biggest problem facing UK workplaces, with excessive workloads, job cuts and rapid change the most common triggers for rising stress levels amongst employees, according to new research published by the TUC.
The figures show that..
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01 November 2006
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195 - 01 November 2006
Whose Risk Is It Anyway?
The Better Regulation Commission has launched its report “Risk, Responsibility, Regulation: Whose Risk Is It Anyway?” The report responds to a call by Prime Minister Tony Blair to examine who should manage risk in society.
The report..
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01 November 2006
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195 - 01 November 2006
TUC exposes health and safety myths
The TUC has “busted” the most common health and safety myths including schools banning conkers, safety inspectors banning ladders, acrobats being forced to wear helmets and councils banning St George’s flags.
The TUC has published..
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01 November 2006
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195 - 01 November 2006
Working at height warning from Norwich Union
Businesses are still failing their staff when it comes to managing work at height, as revealed by claims being made against employers, according to Norwich Union. The insurer’s own claims research has highlighted that falls remain a major..
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01 November 2006
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195 - 01 November 2006
Ill health assessed for industrial injuries disablement benefit (IIDB).
Figures for the last three years show that an average of over 7000 cases were assessed for IIDB. The largest categories were vibration white finger, carpal tunnel syndrome and respiratory diseases associated with past exposures to substances such as..
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01 November 2006
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195 - 01 November 2006
Latest statistics on work-related ill health, workplace injury
The Health and Safety Commission (HSC) has published the latest statistics on work-related ill health, workplace injury and enforcement in Great Britain: “Health and Safety Statistics 2005/06”.
In 2005/06 an estimated 2.0mn people..
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01 November 2006
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195 - 01 November 2006
HSC reports improvements in injuries and ill health
The Health and Safety Commission (HSC) has revealed that the number of working days lost in Great Britain due to work-related injury and ill health fell from 40mn in 2000/02 to 30mn working days in 2005/06.
According to the HSC, the figures show the..
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01 November 2006
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195 - 01 November 2006
New aviation syndicate at Lloyd’s
Lloyd’s has approved the formation of syndicate 1919 which will be managed through Marlborough Underwriting Agency Limited, a wholly-owned subsidiary of Berkshire Hathaway, and be capitalised by CV Starr and Starr International Investments..
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01 November 2006
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195 - 01 November 2006
Marine union warns over fatigue
Fatigue is now the number one health and safety issue in shipping - and regulators need to respond to the very real risks of a major disaster, according to Nautilus UK, the maritime professionals’ union.
Speaking at a seminar on the issue..
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01 November 2006
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195 - 01 November 2006
Pleural plaques appeal set for summer 2007
An appeal to the Law Lords to reinstate compensation for sufferers of asbestos related condition pleural plaques has been set for summer 2007. Trade union Amicus and its lawyers, Thompsons Solicitors are preparing their case to appeal against a..
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01 November 2006
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195 - 01 November 2006
Actuarial analysis of costs of second-hand smoke in US
The effects of second-hand smoke on non-smokers in the United States cost nearly US$6bn in medical and economic costs in 2004 according to an actuarial study. Following a recent report by the Surgeon General that confirmed second-hand smoke..
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01 November 2006
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195 - 01 November 2006
T&N workers exempted from compensation recovery scheme
The Government has announced that it will bring forward legislation to ensure that at least 800 sufferers of asbestos related diseases are able to keep their full compensation.
The decision means that Turner and Newall workers (and other associated..
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01 November 2006
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195 - 01 November 2006
BBC starts asbestos register over Television Centre
The BBC has announced that it has started an asbestos register for all those potentially exposed to fibres at Television Centre. The register will be specific to problems in studios TC2, TC3 and TC5, and cover the period 1990 to 2005. Those who have..
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01 November 2006
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195 - 01 November 2006
Silica campaign from Amicus
Trade union Amicus has launched a campaign to protect workers from the health hazards associated with breathing in silica dust. Amicus has signed up to a European Social Dialogue agreement on Silica Dust that came into force on October 25, 2006, and..
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01 November 2006
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195 - 01 November 2006
Law firm seeks funding for Merck claims in the UK
Following the recent decision of Judge Carol E Higbee in the Superior Court of the State of New Jersey to refuse permission for UK claimants to bring claims against Merck (the manufacturer of Vioxx) in the US, Irwin Mitchell says that there are now..
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01 November 2006
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195 - 01 November 2006
Link between job strain and depression
A recent study has investigated the contribution of burnout to the association between job strain and depression. The study, “Contribution of Burnout to the Association Between Job Strain and Depression: the Health 2000 Study,” has been..
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01 November 2006
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195 - 01 November 2006
Police officer entitled to damages for bullying
A police officer alleged that he experienced sustained bullying, harassment and intimidation from fellow officers, one of whom was his line manager, over a number of years. In addition, he was demoted and eventually retired from active service on..
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01 November 2006
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195 - 01 November 2006
Extension of time for service of form
A claimant appealed against the decision of the district judge that it was not open as a matter of principle to a claimant to rely on an agreement under rule 2.11 of the CPR to extend time for the service of a claim form under rule 7.5.
The claimant..
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01 November 2006
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195 - 01 November 2006
Low velocity impact and whiplash injury
Where a defendant sought to challenge a claim of whiplash injury on the grounds that the impact was too low to have caused injury, the challenge should normally be made in writing within three months of receipt of the letter of claim. The court..
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01 November 2006
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195 - 01 November 2006
Arrangements and “substantial disadvantage” under DDA
A claim under section 6(1) of the Disability Discrimination Act 1995 required it to be shown that an employer’s arrangements placed an employee at a substantial disadvantage, and an employer was not obliged to make any adjustment to a role to..
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01 November 2006
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195 - 01 November 2006
When is a claim “brought” re Limitation Act 1980
An action was “brought”, within the meaning of s 11(3) of the Limitation Act 1980, when the claimant’s request for the issue of a claim form, together with the court fee, was delivered to the court office, not when the claim form..
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01 November 2006
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195 - 01 November 2006
Substitution and the Limitation Act 1980
Where a new party was to be substituted for a party whose name had been given in a claim in the original action in mistake for the new party’s name then substitution was to be regarded as necessary for the determination of the original..
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01 November 2006
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195 - 01 November 2006
£3.75mn for severely disabled refuse collector
A refuse collector who was left severely disabled when his refuse lorry overturned has been awarded damages of £3.75mn. The driver of the lorry had been “load shifting” which involves the lorry driven fast before braking hard,..
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01 November 2006
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195 - 01 November 2006
Pilot death damages
Damages of £270,000 have been awarded to the family of a man who died when his plane crashed after hitting a high-voltage overhead power line. The accident was caused by a screwdriver becoming stuck into the controls of the plane. The award was..
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01 November 2006
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195 - 01 November 2006
Tribunal awards sexual harassment damages
An employment tribunal has ordered a former mayor to pay £33,697 in damages to a former town clerk who brought a successful claim of sexual harassment. The woman said she was sexually harassed and victimised by a councillor who was the..
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01 November 2006
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195 - 01 November 2006
Compensation for fall at work
A man who suffered injuries in a fall at work caused by dangerously uneven flooring has won £90,000 compensation. He faces total loss of movement in one wrist as a result of the fall from a ladder while working as a fibre glass laminator. He..
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01 November 2006
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195 - 01 November 2006
£100,000 for severe hand injury
A man who suffered a serious injury to his left hand including the loss of his left middle finger in a horrific accident at work has been awarded £100,000 in compensation. He was employed as a welder/fabricator. At the time, he was cutting up a..
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01 November 2006
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195 - 01 November 2006
£15,000 for latex allergy sufferer
A latex allergy sufferer has received £15,000 from her employer following her development of a latex allergy. She was employed as an animal technician/lab technician for many years. Throughout her employment she used latex gloves on a daily..
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01 November 2006
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195 - 01 November 2006
Mesothelioma sufferer wins damages
A former dockyard and power station worker who suffers from mesothelioma is to receive a five-figure sum in compensation for the pain and suffering he has endured and for lost income. The man claimed he was exposed to asbestos whilst working for the..
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01 November 2006
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195 - 01 November 2006
MoD pays out £750,000
The Ministry of Defence has paid £750,000 damages to the family of a Royal Navy lieutenant who died during a diving exercise. The MoD admitted liability in the case. Of the award, £637,500 will go to his widow and £112,500 to their..
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01 November 2006
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195 - 01 November 2006
Woman wins sex discrimination claim
A woman who claimed that her boss moved a CCTV camera so that it pointed at her work station, has won her claim for sex discrimination and constructive dismissal. The boss admitted sexually harassing the female member of staff for almost two years...
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01 November 2006
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195 - 01 November 2006
Brain damage annual settlement
A woman has been awarded a settlement after she suffered brain damage following an operation to remove part of her placenta after giving birth to her third child. She will receive an immediate lump sum of £600,000 and £82,000 a year for..
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01 November 2006
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195 - 01 November 2006
Lack of second medical opinion
A former employee of a dairy in Jersey has received £11,000 in compensation for unfair dismissal. An employment tribunal said that the man was unfairly dismissed on the grounds of physical incapacity. The tribunal said that a second medical..
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01 November 2006
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195 - 01 November 2006
Chronic Obstructive Pulmonary Disease compensation
A 69-year-old man with Chronic Obstructive Pulmonary Disease (COPD) has received over £100,000 in compensation from the Department of Trade and Industry. The ex-miner worked for British Coal from the age of 15 as a power loader, working on the..
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01 November 2006
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195 - 01 November 2006
£13,000 for holiday food poisoning
A man who suffered severe food poisoning on a Caribbean holiday which left him with Irritable Bowel Syndrome has been awarded damages of £13,000 for his Pain, Suffering and Loss of Amenity in addition to damages for his ruined Caribbean..
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01 November 2006
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195 - 01 November 2006
Carpal Tunnel Syndrome award
A man suffering from Carpal Tunnel Syndrome (CTS) as a result of exposure to vibrating tools has won £20,000 compensation from his employer. The man worked as an aircraft engineer, refurbishing and repairing large jet engines mainly for..
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01 November 2006
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195 - 01 November 2006
£2,000 for whiplash
A man has been awarded nearly £2,000 in compensation following a road traffic accident in which a van driver in the outside lane pulled into the man’s lane and collided with his car. The man suffered whiplash to the neck and shoulder and..
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01 November 2006
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195 - 01 November 2006
£30,000 for asbestos exposure
A 55-year-old former water company employee has been awarded £30,000 in compensation following asbestos exposure. The man was employed as a pipe layer and during the course of his employment was exposed to asbestos dust as he drilled and cut..
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01 November 2006
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195 - 01 November 2006
Damages for botched operation
A woman has been awarded a substantial six-figure clinical negligence compensation settlement after a botched operation to remove her gall bladder left her with serious liver damage. During the routine operation, her surgeon wrongly cut through the..
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01 November 2006
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195 - 01 November 2006
Cyclist sues council for £300,000
A man is suing a council for more than £300,000 claiming the condition of a road caused a bike crash that gave him permanent brain damage and left him suicidal. The man spent a week in intensive care with a fractured skull and broken collarbone..
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01 November 2006
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195 - 01 November 2006
Hairdressers entitled to claim for dermatitis
According to personal injury specialists Thompsons, hairdressers could be entitled to claim compensation if they develop dermatitis. This follows the health inspectors’ announcement that nearly half of Britain’s hairdressers are..
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01 November 2006
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195 - 01 November 2006
US casualty report from Willis
US casualty insurers are reported to be looking at some of their best financial returns in decades, according to a report from Willis in the US entitled “Marketplace Realities & Risk Management Solutions November 2006”.
Accordingly,..
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01 November 2006
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195 - 01 November 2006
US Appeal Court upholds Swiss Re WTC verdict
The United States Court of Appeals for the Second Circuit has upheld the jury verdict in favour of Swiss Re in the case of SR International Business Insurance Company versus World Trade Center Properties.
“The Second Circuit affirmed a..
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01 November 2006
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195 - 01 November 2006
Number of medical claims in US stabilises
Insurance claims against doctors, nurses and other medical professionals have stabilized for the first time in years, according to the seventh annual Aon Hospital Professional Liability and Physician Liability Benchmark Analysis. Aon says that while..
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01 November 2006
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195 - 01 November 2006
Corporate litigation trends in the UK
Is the UK becoming more litigious? Well, according to a recent legal survey, it certainly is, with four in five UK businesses (78%) saying that they faced court action over the past 12 months, up from 66% last year. The 2006 Litigation Trends Survey..
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01 November 2006
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195 - 01 November 2006