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Yes, it’s another “health and safety gone mad” story
Graduating students at Anglia Ruskin University were reportedly told not to throw their mortar boards in the air at the end of the graduation ceremony because the falling hats could hurt somebody.
The media gleefully reported the story about the..
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01 June 2008
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214 - 01 June 2008
Discrimination based on perception and association
By Robert Hill, Nick Dent and Adam Lambert, partners, Barlow Lyde & Gilbert
Online Published Date:
01 June 2008
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214 - 01 June 2008
Monthly Quota
“The long hopeless commercial cases create a danger that the English courts get an unfair reputation for being insufficiently robust in dealing with long pressurising claim where commerce demands settlement even though that commercial pressure..
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01 June 2008
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214 - 01 June 2008
Radical shake-up of tribunals system announced
The Government has announced a radical shake-up of the tribunals system with individual tribunal jurisdictions doing similar work being brought together into a radically simplified two tier tribunals system - consisting of a First Tier and Upper..
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01 June 2008
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214 - 01 June 2008
Law firm to assess ATE claims for QBE
Commercial law firm, Brooke North, has signed an agreement with the European operation of QBE to assess the risk in commercial claims and professional negligence claims.
As part of the agreement a team of specialists from Brooke North will assess..
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01 June 2008
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214 - 01 June 2008
Cowboy claims companies forced to clean up act
The first annual report for the Ministry of Justice’s Claims Management Regulation Unit has said that cowboy claims companies have been forced to clean up their act.
The Ministry of Justice’s report said that better regulation has..
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01 June 2008
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214 - 01 June 2008
Small car drives most at risk of whiplash injury
New figures from the motor insurance research centre Thatcham show that popular ‘City Cars’ are the least effective in saving the occupant from debilitating whiplash injury in the event of low speed rear end collisions. The latest..
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01 June 2008
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214 - 01 June 2008
HPOA calls for study of MRI machines
The Chairman of the Health Protection Agency, Sir William Stewart has announced that the Agency’s Board had approved in principle the need for an epidemiological study of possible adverse health effects from high static field Magnetic..
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01 June 2008
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214 - 01 June 2008
HSE reminds directors of H&S responsibilities
The Chair of the Health and Safety Executive (HSE), Judith Hackitt has reminded board members and senior business directors to put effective health and safety performance high on their agendas.
Speaking at Capita Senior Directors’ Health and..
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01 June 2008
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214 - 01 June 2008
Chubb increases D&O protection for corporate manslaughter
Chubb Insurance has announced increased protection for companies facing heightened exposures as a result of the recently introduced Corporate Manslaughter Act. Chubb Insurance has responded to the Act by introducing affirmative cover in its..
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01 June 2008
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214 - 01 June 2008
Three year “reprieve” for directors’ duties
Company bosses who push employees’ safety to the bottom of the corporate agenda have a further three year reprieve before the Government considers whether to tighten the law surrounding directors’ duties, according to the Association of..
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01 June 2008
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214 - 01 June 2008
Marsh construction professional indemnity appointment
Marsh has announced the appointment of Martin Stubbs as a senior vice president for construction professional indemnity (PI) within its Financial and Professional Services (FINPRO) Practice in London.
He joins Marsh from Jardine Lloyd Thompson,..
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01 June 2008
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214 - 01 June 2008
QBE launches enhanced professional indemnity product
QBE Ireland, a subsidiary of QBE Europe and specialist provider of commercial and professional indemnity insurance, has announced details of a new professional indemnity product specifically designed for the IT sector.
The policy QBE PI Tech+ is..
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01 June 2008
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214 - 01 June 2008
Zurich launches PI product for construction owners
Zurich Global Corporate UK is to launch an Owners’ Protective Professional Indemnity (OPPI) product. Working in partnership with Zurich’s North America Construction team, the insurer said it has identified a growing demand for this..
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01 June 2008
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214 - 01 June 2008
Revised code of practice on discipline from Acas
Acas has issued a revised code of practice on discipline and grievance for public consultation. The new code will ultimately aim to encourage businesses and individuals to resolve disputes internally, saving money and time.
The code has been revised..
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01 June 2008
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214 - 01 June 2008
Union guide to minimising teachers’ stress
The teaching union NUT has joined forces with support staff unions, UNISON, UNITE and the GMB to publish a comprehensive guidance document aimed at helping head teachers to provide a healthy working environment, which will minimise the risk of the..
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01 June 2008
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214 - 01 June 2008
Heath Lambert in H&S consultancy tie up
Heath Lambert Group has announced a tie up with Citation plc to provide new services to Heath Lambert’s growing SME client base. The arrangement will see Heath Lambert’s clients benefit from Citation’s range of health and safety,..
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01 June 2008
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214 - 01 June 2008
Public enquiry called for over cabin air quality
Thousands of air passengers are put at risk each year from toxic fumes leaking into aircraft cabins, according to a leading organization representing over 500,000 aviation workers globally in three continents.
The Global Cabin Air Quality Executive..
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01 June 2008
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214 - 01 June 2008
Silicone implant compensation on its way
Silicone breast implant compensation is finally available from Dow Corning, according to Leigh Day & Co. The multi-billion dollar compensation fund set up by Dow Corning became active on 1 June 2004, and payments are starting to be made.
Women..
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01 June 2008
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214 - 01 June 2008
Asbestos survey and research program launched in Australia
The Australian Workers’ Union (AWU) has organised the largest asbestos survey and research program to ever be undertaken at a single work site in Australia.
As a result of the presence of asbestos building materials at the Cement Australia..
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01 June 2008
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214 - 01 June 2008
Case establishes link between asbestos and lung cancer
A case between a lung cancer sufferer and his former employer is believed to be the first example of a successfully-contested case in which it was established that exposure to asbestos caused lung cancer, according to law firm Irwin Mitchell.
Roger..
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01 June 2008
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214 - 01 June 2008
Construction worst affected by cancer causing substances
Workers in the construction and timber trades are the worst affected by cancer causing substances at work. This is the view of the Building and Woodworkers International union.
Fiona Murie, BWI Health and Safety Director, speaking at the recent..
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01 June 2008
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214 - 01 June 2008
Call for study into cancer risks in semiconductor industry
Unite, the largest union in the UK, is pressing for the UK computer components/semiconductor manufacturing industry to initiate industry wide research into cancer risks in the industry. The union said it wants the industry to institute the research..
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01 June 2008
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214 - 01 June 2008
Chemical Incident Surveillance Review
Given the wide use of chemicals in industry, farming and the home, there are frequent incidents involving chemicals in the UK and in other developed countries, according to the Health Protection Agency which has revealed that it recorded 1,015..
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01 June 2008
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214 - 01 June 2008
Latest VIOXX case overturned
A Texas appellate court has overturned the verdict of a state court jury in the VIOXX product liability case Garza v. Merck
in which the company was ordered to pay $32mn in damages.
The Texas Fourth Court of Appeals reversed the jury’s..
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01 June 2008
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214 - 01 June 2008
Medical Mix
A study by researchers from the University of Turin, Italy, have found evidence of the carcinogenicity of tremolite-free chrysotile (or white asbestos). Tremolite-free chrysotile is believed by some to be much less likely to induce mesothelioma. The..
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01 June 2008
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214 - 01 June 2008
Union launches new injury claim line
Shopworkers’ union, Usdaw, has launched a new injury claim line called FirstCall Usdaw, with the strapline ‘No forms No fuss No delay’. FirstCall Usdaw is the new free 24/7 telephone claim line for processing applications for legal..
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01 June 2008
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214 - 01 June 2008
$345,000 fly-in-bottle case overturned
A man in Canada who was paid more than $345,000 after he won his case claiming that he became depressed, anxious and phobic after discovering a dead fly in a bottle of water, has seen the judgment overturned by the Supreme Court of Canada.
In a..
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01 June 2008
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214 - 01 June 2008
Local authority funding of care
A woman, who is a patient of the Court of Protection, was born with congenital rubella syndrome. She has a severe learning autistic spectrum disorder with visual impairment, severe learning difficulties and behavioural problems. Liability had..
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01 June 2008
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214 - 01 June 2008
Airline not liable for fall if no unexpected event
A woman sustained bodily injury when getting into her seat on a plane as her foot slipped. The layout of the passenger cabin, the seating space available to each passenger, and the type of passenger seats were not defective and in full working..
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01 June 2008
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214 - 01 June 2008
Complaint of discrimination not victimisation
Section 54A of the Race Relations Act 1976, which implemented Council Directive 2000/43/EC, on its true construction shifted the burden of proof upon a respondent to disprove discrimination in relation only to a complaint of discrimination and not..
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01 June 2008
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214 - 01 June 2008
Employment tribunal and sex discrimination
Where an employment tribunal had held that a complaint of direct sex discrimination and victimisation or constructive dismissal had not been proved, it was not open to the tribunal subsequently to amend its decision to find that her dismissal had..
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01 June 2008
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214 - 01 June 2008
Motor Insurers’ Bureau claims and limitation periods
The procedure for making a claim to the Motor Insurers’ Bureau for compensation in respect of injury caused by an untraced driver should be subject to a limitation period no less favourable than that which applied under section 28 of the..
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01 June 2008
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214 - 01 June 2008
No obligation over fanciful risks
There was no obligation upon an employer in the conduct of his undertaking to guard against those risks which were merely fanciful. The fact that risk was part of everyday life went to the issue whether an injured person had been exposed to real..
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01 June 2008
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214 - 01 June 2008
Conditional fee agreements and success fees
The court had no discretion under CPR r 45.11(1) to disallow a successful claimant a success fee provided for in the conditional fee agreement with her solicitors. The Court of Appeal so held, dismissing an appeal by the defendant from the order of..
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01 June 2008
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214 - 01 June 2008
Damages recovered in public nuisance
Damages for personal injury were recoverable in the tort of public nuisance. The Court of Appeal so held when dismissing the appeal of the defendant council, from a decision of a judge in the Queen’s Bench Division dismissing the..
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01 June 2008
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214 - 01 June 2008
Damages and death in service benefits
Where, after the death in service of her husband, a woman had received payments out of a death in service benefit scheme and a trust fund established by the employer, such payments fell within the disregard provision within section 4 of the Fatal..
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01 June 2008
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214 - 01 June 2008
£1.7mn in compensation over personality change
A former RAF sergeant whose personality changed after he suffered head injuries in a road-traffic accident has been awarded £1.7mn in compensation. The accident was caused by a drunk driver who attempted a handbrake turn at 55 mph. He crashed..
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01 June 2008
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214 - 01 June 2008
£2mn settlement over cerebral palsy
A mother has been awarded a £2mn settlement because her son was left severely disabled after he was starved of oxygen at birth. The son has cerebral palsy and epilepsy and has to use a wheelchair. Although he is able to feed himself, he needs..
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01 June 2008
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214 - 01 June 2008
Lesbian soldier wins claim for discrimination
A lesbian soldier has won her claim against the Ministry of Defence for sex discrimination and discrimination on the grounds of sexual orientation which caused her to give up her career in the army.
She was subjected to unwanted advances made by a..
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01 June 2008
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214 - 01 June 2008
Prison officer wins victimisation case
The Wakefield prison officer who suffered hostility and victimisation after she appeared as a witness in a successful whistleblowing case, has been awarded £43,875 by the Employment Tribunal.
The award, said to be one of the highest for claim..
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01 June 2008
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214 - 01 June 2008
Train driver’s back injury
A train driver has secured nearly £6,000 compensation following a serious back injury caused as he stepped onto discarded rubbish. On the day of the accident, he was working on the Leeds to Ilkley route. As he stepped onto the train in order to..
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01 June 2008
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214 - 01 June 2008
£11,000 damages for thumb injury
A machine operator whose right thumb was seriously injured using a seamer machine has secured £11,000 damages. On the day of his accident, he was clearing a jam of cans on the bottom seamer machine. As he took hold of one can he realised that..
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01 June 2008
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214 - 01 June 2008
Asbestosis award for sister
The family of a former Turner and Newall (T&N) employee has received compensation of over £28,000 after their sister died from asbestosis. She developed the disease after working at T&N for 40 years. She was forced to take early..
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01 June 2008
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214 - 01 June 2008
£115,000 in damages over mesothelioma
A widow has received £115,000 in compensation after her husband died of mesothelioma. The woman received the damages after her electrician husband died just three weeks after being diagnosed with the disease. The man was exposed to asbestos in..
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01 June 2008
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214 - 01 June 2008
T&N mesothelioma widow wins payment
The widow of a man who died from mesothelioma has received £218,000 from the trustees of Turner and Newall (T&N). It is said to be one of the biggest payments received by family members of those who have died from exposure to asbestos at..
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01 June 2008
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214 - 01 June 2008
Mesothelioma widow wins damages
The widow of a man who died from mesothelioma has received over £115,000 in compensation. She received the damages after her husband was exposed to asbestos while working for a heating engineering firm. He worked as a trained engineer and pipe..
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01 June 2008
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214 - 01 June 2008
£120,000 in compensation for mesothelioma
A man has received £120,000 in compensation after he was exposed to asbestos in the workplace. He was awarded the damages from his employer, an energy firm, after he was diagnosed with mesothelioma. He was exposed to asbestos while working as a..
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01 June 2008
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214 - 01 June 2008
Silicosis settlement
Two men who worked in the melting department for Federal Mogul, and were exposed to dangerous dust in the workplace, and now suffer from silicosis, have both received substantial sums in compensation in an out of court settlement.
They waited almost..
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01 June 2008
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214 - 01 June 2008
Compensation for injured paramedic
A paramedic who was injured after a van driver overshot a red light and collided with his ambulance has won £62,856 compensation. The man suffered a serious shoulder injury that required two operations. He was in the passenger seat of the..
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01 June 2008
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214 - 01 June 2008
Bike injury led to stroke
A man who was knocked off his bike by a road sweeper and then suffered a stroke has secured over £200,000 in compensation. He suffered injury to the back of his head and severe bruising to the back of his body. A CT scan on his brain confirmed..
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01 June 2008
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214 - 01 June 2008
£1.8mn in damages over disabling inheritable condition
A mother has been awarded £1.8mn in damages after she was mistakenly told her third son did not have a disabling inheritable condition. The woman had become pregnant with her third child. Her oldest son was healthy, but in the early stages of..
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01 June 2008
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214 - 01 June 2008
Noise induced hearing loss damages
A man who worked as an engineer in the Merchant Navy was exposed to excessive noise at work without ear protection between 1972 and 1977. Ear protection was supplied in 1977, but by that time the noise induced hearing loss damage had already been..
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01 June 2008
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214 - 01 June 2008
Slip and trip award
A man has received over £8000 in compensation after being injured in an accident at work. The man was working as a steward at a working men’s club when the accident happened. During the course of his shift, he tripped over a bottle crate..
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01 June 2008
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214 - 01 June 2008
£70,000 in compensation for back injury
A man has received over £70,000 in compensation after being injured in an accident at work. The man was employed as a foreman when he suffered severe injuries to his back in the work accident. His role involved emptying scissors from a vibrator..
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01 June 2008
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214 - 01 June 2008
£3.5mn damages for car crash victim
A man who was severely injured when he was hit by a car while walking along a road has been awarded £3.5mn damages. He suffered severe brain damage as a result of skull fractures, and also broke his pelvis and right ankle, and he now requires..
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01 June 2008
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214 - 01 June 2008
Award for dental negligence
A woman has received £5,250 compensation following dental negligence when her dentist removed the wrong tooth in a routine procedure. She visited her dentist in order to have a wisdom tooth removed. However, a healthy molar tooth was removed..
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01 June 2008
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214 - 01 June 2008
Damages for physical and psychological injuries
A man has received £120,000 compensation after suffering physical and psychological injuries in an industrial accident. He worked unloading lorries when he was asked to carry out duties outside of his normal role. He was asked to operate a..
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01 June 2008
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214 - 01 June 2008
Compensation for psychological injury
The husband of a woman injured at a festival has received £7000 in compensation after suffering a psychological injury. He was watching a band at a Christian festival while sitting on a temporary grandstand with his wife. During the show they..
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01 June 2008
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214 - 01 June 2008
Mesothelioma award for family
The family of a man who died from mesothelioma has received a six figure sum in compensation. The man was diagnosed with mesothelioma in 2006, and died in 2007. He had worked a car manufacturer for the majority of his working life assisting fitters..
Online Published Date:
01 June 2008
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214 - 01 June 2008
Bicycle accident damages
A man has received nearly £5,500 in compensation after being injured in a bicycle accident. The man was knocked from his bicycle after a car pulled out from a minor road and into his path. He sustained injuries to his neck, and upper and lower..
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01 June 2008
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214 - 01 June 2008
Noise induced hearing loss claim
A man worked as a baker between 1980 and 2005 and was exposed to excessively loud noise without hearing protection has won £5,000 plus costs. The man suffers with noise induced hearing loss and with some tinnitus. He was not provided with any..
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01 June 2008
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214 - 01 June 2008
Damages awarded over incorrect dosage
A woman has received £70,000 in compensation after she was prescribed an incorrect dosage of medication which caused injury. She was initially incorrectly prescribed the medication by her GP and was then supplied with the medicine by a..
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01 June 2008
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214 - 01 June 2008
US car crash victim wins damages
A British woman has been awarded $200,000 in damages over a car crash in the US. The woman was injured whilst holidaying in Seattle when the car she was travelling in, driven by her friend, failed to stop at a stop sign and collided with another..
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01 June 2008
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214 - 01 June 2008
‘Sofa burns’ victims prepare group action
The BBC’s Watchdog programme recently exposed a story about leather sofas, sold by a number of leading high street retailers, which had caused severe skin reactions in some people. The Chinese manufactured sofas were thought to contain a..
Online Published Date:
01 June 2008
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214 - 01 June 2008
Businesses must face up to liability challenge, warns Lloyd’s
Businesses could be facing a future liability crisis if they do not face up to growing litigation issues, Lloyd’s has warned. In a new report “Directors in the Dock - is business facing a liability crisis?”, businesses are urged to..
Online Published Date:
01 June 2008
Appeared in issue:
214 - 01 June 2008