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Rome II will apply, in civil and commercial matters, to most non-contractual obligations where there is a conflict of laws. As a result of a late amendment sought by the European Parliament, the recitals of Rome II now make it clear that..
Online Published Date:
01 November 2007
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207 - 01 November 2007
New EU choice of law rules for tort and product liability claims finalised
By Matthew Hibbert, senior associate, Lovells
Online Published Date:
01 November 2007
Appeared in issue:
207 - 01 November 2007
Monthly Quota
“If you do a Google search on benzene, you see a lot of advertising from attorneys nationwide. Benzene is an emerging and sexy toxic tort,” - Daniel Bodell, partner, US West Coast law firm Gordon & Rees, talking at the Casualty Loss..
Online Published Date:
01 November 2007
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207 - 01 November 2007
Civil Service Appeal Board annual report
The Civil Service Appeal Board has published its Annual Report 2006-07 in which the Board reveals that during the financial year under review, 409 new appeals were received, the highest number since the Board was established in 1971. Of these, 260..
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01 November 2007
Appeared in issue:
207 - 01 November 2007
Kendall Freeman to merge with US law firm
US law firm Edwards Angell Palmer & Dodge (EAPD) is to merge with Kendall Freeman with effect from 1 January 2008. According to the two firms, the merger “will significantly enhance the capabilities of the firms’ insurance and..
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01 November 2007
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207 - 01 November 2007
Tribunals Service reports increase in employment tribunals’ cases
The number of cases brought to employment tribunals in Great Britain in 2006-07 rose by 15%, from 115,039 in 2005-06 to 132,577, according to statistics from the Tribunals Service. The number of cases disposed of during 2006-07 also rose, by 19%,..
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01 November 2007
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207 - 01 November 2007
Research into public awareness of legal expenses insurance
Research by the Ministry of Justice has revealed that less than one in four consumers have heard of either Before the Event (BTE) or After the Event (ATE) legal expenses insurance.
The research report produced by FWD revealed that there is a..
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01 November 2007
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207 - 01 November 2007
Claw-back of medical costs will increase awards
A member of the legal working party for the Fourth UK Bodily Injury Awards Study and co-author of the legal report has warned that compensation awards will grow still higher if the Government moves to enforce fuller claw-back of medical and social..
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01 November 2007
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207 - 01 November 2007
Fourth UK Bodily Injury Awards Study
The total cost of bodily injury claims paid by UK motor insurers has significantly outstripped inflation over the past decade rising at 9.5% a year between 1996 and 2006 – more than double the growth in average earnings. Results from the..
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01 November 2007
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207 - 01 November 2007
ACE European Markets becomes ACE Bermuda International
ACE European Markets Insurance and ACE European Markets Reinsurance will now trade under the business name of ACE Bermuda International (ABI). In addition, the legal company names will change to ACE Bermuda International Insurance (Ireland) Limited..
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01 November 2007
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207 - 01 November 2007
Injury statistics from transport industry
The transport industry continues to have one of the worst records for major injuries due to falls from vehicles during the loading and unloading of goods. Figures released by the Health and Safety Executive (HSE) in 2004/05 showed that transport..
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01 November 2007
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207 - 01 November 2007
Courts take firm line on RTA proceedings
‘Litigation happy’ claimant solicitors who issue proceedings prematurely to escape being bound by the Road Traffic Accident (RTA) Fixed Recoverable Costs Scheme should beware of the firm line the courts are now taking in these matters,..
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01 November 2007
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207 - 01 November 2007
Report highlights significant failings in infection control
The Healthcare Commission has published a report detailing significant failings in infection control at Maidstone and Tunbridge Wells NHS Trust. The Commission conducted an investigation into the trust following a referral from the strategic health..
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01 November 2007
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207 - 01 November 2007
Healthcare Commission pledges tough action on infections
The Healthcare Commission has pledged to continue tough action in NHS trusts that are failing to put adequate systems in place to tackle healthcare-associated infections.
The Commission said it recognised concerns raised by patients and the public..
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01 November 2007
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207 - 01 November 2007
BMA warning over compensation underpayment
The British Medical Association (BMA) is advising any doctor who has received compensation for an injury at work since 1972 that they may have been underpaid. The advice comes after the Department of Health announced the results of an inquiry which..
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01 November 2007
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207 - 01 November 2007
Corporate manslaughter offence into force in April 2008
A new offence of corporate manslaughter (corporate homicide) will come into force on 6 April next year, the Ministry of Justice has confirmed. The 2007 Act changes the basis on which companies are liable for prosecution for manslaughter. Gross..
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01 November 2007
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207 - 01 November 2007
Union wants stronger corporate manslaughter law
Directors duties hold the key to reducing serious accidents and fatalities in the workplace according to the trade union Unite. The trade union has said that while it welcomes the corporate legislation introduced this year that will provide greater..
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01 November 2007
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207 - 01 November 2007
Chronic job strain and heart attacks
Persons who reported chronic job strain after a first heart attack (myocardial infarction) had about twice the risk of experiencing another coronary heart disease event such as heart attack or unstable angina than those without chronic job strain,..
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01 November 2007
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207 - 01 November 2007
IOSH sponsors World Conker Championships
The Institution of Occupational Safety and Health sponsored the recent World Conker Championships, because it wants people to see their inspectors do not ban activities such as conkers. It was the 43rd annual event held at Ashton near Oundle in..
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01 November 2007
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207 - 01 November 2007
HSE warning over silicosis
The Health and Safety Executive (HSE) has warned quarrying companies and stonemasons of the risk workers face of contracting the potentially fatal disease silicosis, if adequate measures to monitor and prevent exposure to respirable crystalline..
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01 November 2007
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207 - 01 November 2007
European Trade Union Confederation on musculoskeletal disorders
More than one in three European workers across all sectors suffers from musculoskeletal disorders (MSDs), according to the European Trade Union Confederation. It is Europe’s most widespread occupational disease, and European workers’..
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01 November 2007
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207 - 01 November 2007
New HSC chair calls for board level engagement
The Health and Safety Commission’s (HSC) new chair, Judith Hackitt, has called for more board level engagement and ownership on health and safety issues. Ms Hackitt, who has been a commissioner with HSC, returns from an assignment as Director..
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01 November 2007
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207 - 01 November 2007
Pantsgate: The Fallout
The fallout from “Pantsgate” has already begun. A Washington Post report suggests that a District of Columbia commission has decided against reappointing notorious pants plaintiff Roy Pearson Jr to his $100,000-a-year job as an..
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01 November 2007
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207 - 01 November 2007
US Litigation Trends survey released
It may be too early to say that conflict has become passé, but US businesses report a distinct drop in the number of lawsuits filed against them in the past year, according to the latest Litigation Trends Survey conducted by law firm Fulbright..
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01 November 2007
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207 - 01 November 2007
US class action lawsuits prior to CAFA
The number of class action lawsuits filed against insurance companies in the US increased sharply during the 1990s prior to the passage of the federal Class Action Fairness Act of 2005 (CAFA), according to a report from the RAND Institute for Civil..
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01 November 2007
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207 - 01 November 2007
MPs and Government debate pleural plaques decision
The day after the House of Lords verdict on pleural plaques and compensation, Labour MP Stephen Hepburn (Jarrow) asked in the House of Commons, “Does the Leader of the House agree that pleural plaques is a workplace injury? Will she therefore..
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01 November 2007
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207 - 01 November 2007
Big fall in second hand smoke exposure
Hospitality workers’ exposure to harmful second hand smoke has fallen by 95% since smokefree workplaces were introduced in England on 1 July 2007, according to new research from the Tobacco Control Collaborating Centre in Warwick, funded by..
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01 November 2007
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207 - 01 November 2007
Latest mobile phone and brain cancer research
A new study has revealed that using a mobile phone for more than 10 years increases the risk of getting brain cancer. Indeed, people who have used mobiles for more than 10 years are twice as likely to get a malignant tumour on the side of the brain..
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01 November 2007
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207 - 01 November 2007
HPA to research wireless local area networks
Health Protection Agency is to carry out a systematic programme of research into wireless local area networks (WLANs) and their use. This will include measurements of exposures from the Wireless Fidelity (WiFi) network and is part of the..
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01 November 2007
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207 - 01 November 2007
Occupational systemic autoimmune diseases
A new study in the US has examined the possible associations between occupation and the risk of dying from systemic autoimmune diseases. It found that occupational exposures in farming and industry may be linked to higher death rates from these..
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01 November 2007
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207 - 01 November 2007
New research on work place cancers
A controversial new report into work place cancers has been published in the International Journal of Occupational and Environmental Health. The paper, “Burying the Evidence: How Great Britain is Prolonging the Occupational Cancer..
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01 November 2007
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207 - 01 November 2007
Limitation Act 1980 and defendant substitution
A party could be substituted under section 35 of the Limitation Act 1980 where the ten-year limitation period for making a claim for damage caused by a defective product had expired, even where the correct party was known to the claimant before the..
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01 November 2007
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207 - 01 November 2007
Intention to create legal relations
An employment tribunal was not required to approach its consideration of the nature of the relationship between a minister and his church with the presumption that there was no intention to create legal relations.
The Court of Appeal so held when..
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01 November 2007
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207 - 01 November 2007
Pleural plaques does not constitute actionable damage
A person who developed pleural plaques as a result of having been negligently exposed to asbestos in the course of his employment, could not sue his employers for negligence because the presence of pleural plaques did not constitute actionable..
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01 November 2007
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207 - 01 November 2007
Compensation over steeplejack deaths
The families of two steeplejacks who died onsite during a job have been awarded more than £300,000 each in compensation. The two men were killed in an explosion while fixing a chimney. Manslaughter charges against two employees of the company..
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01 November 2007
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207 - 01 November 2007
Education worker wins damages over IQ test
A council education worker who was sent for an IQ test because English was his second language has won damages of £12,000. The man, a member of the council’s youth offending team, was sent for the IQ assessment by council managers under..
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01 November 2007
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207 - 01 November 2007
Teacher was unfairly dismissed
A teacher has been awarded over £20,000 in compensation following a successful claim of unfair dismissal. Her employer had alleged that her activities in the union undermined the school and caused fellow staff members to feel intimidated. At an..
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01 November 2007
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207 - 01 November 2007
£5.1mn after car crash injury
A man who now requires lifelong care following a car crash has been awarded £5.1mn in personal injury compensation. The man, who was being driven in a company car, received severe brain injuries that led him to be connected to a life support..
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01 November 2007
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207 - 01 November 2007
Hospital negligence compensation
The family of a man who died as a result of hospital negligence has won £225,000 in compensation. He died after suffering a heart attack when a duodenal ulcer ruptured at the hospital. According to the woman, medics had left him for hours to..
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01 November 2007
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207 - 01 November 2007
Cyclist wins £61,000 in damages
A cyclist who was knocked off his bike by a council minibus has been awarded £61,000 in damages. The man submitted medical evidence that his hip joint had been loosened by the impact and that the damage had got worse. The court heard that the..
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01 November 2007
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207 - 01 November 2007
Healthcare assistant wins injury compensation
A healthcare assistant who was injured when he went to help a colleague being attacked by a patient has been awarded nearly £5,000 compensation. The man was working at a hospital which cares for people suffering from dementia, Alzheimer’s..
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01 November 2007
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207 - 01 November 2007
£3.1mn compensation for brain damage
A hospital trust has paid out £3.1mn in compensation to a girl who suffered injuries at birth. The girl was left brain damaged after suffering from oxygen starvation in the latter stages of her delivery. She now suffers from severe cerebral..
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01 November 2007
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207 - 01 November 2007
£8,500 damages for slip and fall
A woman who injured her back and knee after slipping on vomit on the floor of a college nursery has received damages of £8,500. At the time of the accident the woman was carrying her nine month old baby boy whilst visiting her employer.
The..
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01 November 2007
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207 - 01 November 2007
£158,000 for widow of mesothelioma victim
The widow of a watch repairer has been awarded £158,000 after he died after developing mesothelioma. He had spent almost all his working life as a watch repairer. He worked for a firm of jewellers and the workshop he worked in contained..
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01 November 2007
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207 - 01 November 2007
Compensation for Vibration White Finger
A gardener who suffered Vibration White Finger (VWF) injuries at work has won £3,000 in compensation from the council who employed him. He had been employed by the council as a groundsman, strimmer/gardener and sexton. Between 1997 and 1999, he..
Online Published Date:
01 November 2007
Appeared in issue:
207 - 01 November 2007
Award over noise induced hearing loss
A man who suffered from work-related noise induced hearing loss has won £3,500 in compensation. He was employed as an extrusion operative from 1974 until 2005. He initially started in the re-melt department and then moved to the extrusion..
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01 November 2007
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207 - 01 November 2007
Damages for go kart burn
A man has been awarded £1,500 after he suffered from burns because the insulation covering the hot engine on the go kart he was driving was inadequate. He was racing round the track and noticed that his back was starting to get hot. When he..
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01 November 2007
Appeared in issue:
207 - 01 November 2007
Scaffold fall compensation
A man has received an out of court settlement of £4,635 after a fall at work tore the cartilage in his knee and left him unable to work. He was working as a labourer for a construction firm when he fell. He was asked to clear scaffolding away..
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01 November 2007
Appeared in issue:
207 - 01 November 2007
£5.48mn for cerebral palsy
A teenager is to be awarded a compensation package of nearly £5.5mn after a series of failures during his birth left him severely disabled. The boy has quadriplegic cerebral palsy after he was deprived of oxygen when doctors failed to properly..
Online Published Date:
01 November 2007
Appeared in issue:
207 - 01 November 2007
Compensation for fall down stairs
A woman has received compensation of £15,000 after a fall down a flight of stairs at work left her with multiple injuries. She was on her way out of work to attend a meeting when she fell down the 17 steps to the ground floor sustaining cuts..
Online Published Date:
01 November 2007
Appeared in issue:
207 - 01 November 2007
£325,000 damages over cancer diagnosis failure
A judge has ruled that a family doctor who failed to diagnose breast cancer in a woman who went on to die from the disease nearly three years later did act negligently.
She visited her doctor after finding a lump in her left breast. She was seen by..
Online Published Date:
01 November 2007
Appeared in issue:
207 - 01 November 2007
Multi-million pound settlement after fall
A painter and decorator who was left seriously injured after he fell through scaffolding has received a multi-million pound settlement. He was left with brain damage after a plank split, causing him to fall 6 metres onto stone steps. His employer..
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01 November 2007
Appeared in issue:
207 - 01 November 2007
£175,000 in compensation for mesothelioma
A man who was diagnosed with mesothelioma after working for various employers at chemical plants and power stations has been awarded £175,000 in compensation. His employers admitted liability, but the main issue surrounded his health at the..
Online Published Date:
01 November 2007
Appeared in issue:
207 - 01 November 2007
£135,000 award for mesothelioma
A retired teacher who was diagnosed with mesothelioma has won £135,000 in compensation. She was referred to hospital and was told that her mesothelioma was probably related to previous asbestos exposure. The only asbestos exposure she recalled..
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01 November 2007
Appeared in issue:
207 - 01 November 2007
Brain injury after being hit by car
A man who suffered a serious brain injury as a result of being knocked down by a car when he was a child has been awarded compensation. The man was just eight years old at the time, was hit by a car on a bypass, after he tried to cross the road..
Online Published Date:
01 November 2007
Appeared in issue:
207 - 01 November 2007
Pleural plaques not compensatable
The House of Lords has ruled that pleural plaques are not compensatable, much to the relief of insurers. Plaintiff lawyers and unions have responded with dismay at the ruling.
“Proof of damage is an essential element in a claim in negligence..
Online Published Date:
01 November 2007
Appeared in issue:
207 - 01 November 2007