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People on the move
A 15-firm alliance of 1,250 lawyers
in 14 European countries, the 12th-largest legal provider in Europe, formed from European members of global Commercial Law Affiliates.
The new alliance, CLA Europe, will work on a ‘significantly..
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01 August 2000
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121 - 01 August 2000
Chatset predicts Lloyd’s losses
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01 August 2000
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121 - 01 August 2000
Arrogance of 10 years ago remains
So charged Independent Insurance chief executive Michael Bright, speaking at the national conference of the Association of Lloyd’s Members (ALM). In a scathing attack on the professional abilities of many operators at Lloyd’s he called..
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01 August 2000
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121 - 01 August 2000
QBE wins Limit
Lloyd’s insurer Limit has recommended a £375mn takeover bid from Australian insurer QBE after an on-off relationship with Wellington Underwriting. The acquisition will make QBE the largest Lloyd’s insurer, with capacity of..
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01 August 2000
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121 - 01 August 2000
Sedgwick merger
SOC Group (formerly Sedgwick Oakwood Capital) and Hampden have agreed to merge their members’ agency business, with SOC paying over £5mn in cash and shares. This will create the largest members’ agency in the Lloyd’s market,..
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01 August 2000
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European insurers at risk
In a reversal of the District Court decision in Stahl v Victoria Holding AG
, the Ninth US Circuit Court of Appeals in San Francisco has held that plaintiffs’ attorneys may argue that the (Californian) courts have jurisdiction over defendant..
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01 August 2000
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Hiscox ‘sole practitioners’ cover
Hiscox is to be the insurer for a professional indemnity product – developed by Nelson Hurst Professional Indemnity and Sole Practitioners Group – for sole practitioner solicitors. It will be available from 1 September, with additional..
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01 August 2000
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Aon claims solutions
Aon, in partnership with QBE – with which it is already working on a professional indemnity product for law firms – now offers a complementary claims and risk management service.
The in-house team, headed by Andrew Carruthers, who..
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01 August 2000
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Exports to North America
Groupama Commercial Insurances in the UK and Atlantic Mutual in the US have together extended products liability cover for exports to North America. Cover of up to £5mn is available, or more by arrangement. The policy wording uses US legal..
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01 August 2000
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Disability legislation applied to visiting vessels
A ruling by the US 11th Circuit Court of Appeal that the Americans with Disabilities Act applies to public space on board non-US ships operating in US waters (Stevens v Premier Cruises Inc
) could require extensive changes to many of the cruise..
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01 August 2000
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121 - 01 August 2000
Treasure limits
The sinking of the bulk carrier Treasure
, which caused widespread oil pollution of an environmentally sensitive World Heritage Site and holiday stretches along the South African coast, highlights the difficulties of finding a safe haven experienced..
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01 August 2000
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75 years of ‘smoking’
Prior to the US$145bn punitive damages jury verdict in the Engle
case, lawyers for Big Tobacco pleaded imminent bankruptcy for their clients and company leaders broke ranks, each to present the purest image.
With the verdict announcement, they are..
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01 August 2000
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Events
Liability Insurance: Accepting the Challenge, Providing the Solution
29–31 August • Queen’s College, Cambridge • Seventh Liability Underwriters Group Conference • The conference will carry an emphasis on recent legal..
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01 August 2000
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121 - 01 August 2000
New Greek claims system
From June of this year those involved in car accidents in Greece will be able to claim from their own insurers, rather than pursuing the owner of the other vehicle.
Announcing the Agreement for Immediate Settlement of Damages, development minister..
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01 August 2000
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Solicitors’ complaints problematic
The 1999/2000 report of legal services ombudsman Ann Abraham shows that problems of Office for the Supervision of Solicitors (OSS) complaints handling persist.
Her satisfaction dropped to a low of 59% of referred complaints, commenting: ‘Delay..
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01 August 2000
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OSS needs more
The Office for the Supervision of Solicitors (OSS) will receive the bulk of money raised by 15% increase in solicitors’ practice certificate fee to £495. The Law Society’s Council was told this was necessary to allow the OSS..
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01 August 2000
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121 - 01 August 2000
FSA to raise compensation levels
The Financial Services Authority – when it finally replaces the current nine regulators (see above) – plans to increase levels of compensation to those owed money by failed banks or insurers. The first £2,000 claimed will be paid in..
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01 August 2000
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FSA handover delay
The new Financial Services Authority, originally envisaged for 1999, will not now take full power until the summer of 2001. This latest delay, following pressure from the City for more time to adapt systems, adds several more months to current..
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01 August 2000
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121 - 01 August 2000
General Insurance Standards Council
Launched at the beginning of July, the General Insurance Standards Council (GISC), an independent and self-regulating body, will oversee methods of general – but not life or health – insurance sales in the UK.
A code setting minimum..
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01 August 2000
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121 - 01 August 2000
Tribunal review
A wide-ranging review of tribunals in England and Wales under the chairmanship of Sir Andrew Leggatt has been announced – the first such since 1957. Currently there are 83 such statute-created bodies, ranging from the Agricultural Land..
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01 August 2000
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Judicial statistics
Publication of judicial statistics for 1999 show that the number of claims before county courts has fallen by 11%. The 2,000,337 claims issued in 1999 were down by a 245,000 on the previous year.
Of those set down for trial, personal injury claims..
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01 August 2000
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121 - 01 August 2000
Interest for administrative delays
The Parliamentary Ombudsman has called for consistent and appropriate compensation for loss of interest, for those subjected to poor government administration. He had found wide discrepancies between departments. This is based initially on late..
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01 August 2000
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121 - 01 August 2000
Personal injury CFA
..
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01 August 2000
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Human rights budget
In expectation of increased litigation when the European Convention on Human Rights is incorporated into UK law in October, the government has budgeted £60mn a year for court costs and legal aid.
Under the provisions of the act, companies as..
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01 August 2000
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121 - 01 August 2000
Groundwork for MDPs
Contrary to the American stance (see above), in the UK the Law Society is to announce terms on which non-solicitors may become partners in law firms, creating multidisciplinary partnerships.
The business of such firms must remain the provision of..
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01 August 2000
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121 - 01 August 2000
US lawyers reject accountants
By a 76% majority, the American Bar Association has rejected a proposal to allow lawyers to set up fee-sharing partnerships with accountants. Lawyers had argued that the commercially-minded approach of accountants would erode core professional..
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01 August 2000
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121 - 01 August 2000
Accident Direct signs up law firms
Accident Direct, the online accident referral service launched at the start of this year, has announced that 13 law firms – spread throughout England – are now signed up to its site. It receives about 5,000 hits a month and other law..
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01 August 2000
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121 - 01 August 2000
French market 1999
Globally-generated premiums in the insurance and reinsurance industry rose by almost 12% to FF1,143bn, according to the latest report from the French insurance federation (FFSA). This is more than a turnaround from the previous year’s 7%..
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01 August 2000
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German non-life market 1998
A detailed report appearing in our sister newsletter European Insurance Market
shows continued contraction and fall of premiums in the German non-life market so that non-life business only represents 40% of total market premium.
On the liability..
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01 August 2000
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Independent moves further afield
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01 August 2000
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Claims Direct valued for flotation
Claims Direct, the personal injury compensation specialist, has been valued at £338mn for stockmarket flotation. The proceeds will be used to expand into complementary business and for acquisitions, allowing for consolidation in the UK..
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01 August 2000
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121 - 01 August 2000
Australian insurers uncertain on GM food
A report from the Insurance Council of Australia to a parliamentary committee on gene technology says the unforeseen risks of GM foods may dissuade insurers from entering into liability insurance contracts. As with Y2K, the industry is not saying..
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01 August 2000
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121 - 01 August 2000
‘Check out the choice’
..
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01 August 2000
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v-lex
Former lawyers of Oxley & Coward – a law firm with an IT reputation – have formed a new law firm and associated alliance, v-lex, as a ‘new concept for the legal profession’.
The firm has reciprocal arrangements with a..
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01 August 2000
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121 - 01 August 2000
Litigation delay
QBE, in association with broker Bloemers & Partners, has launched a new product, Litigation Delay Insurance. This provides cover for the unforeseen costs where judge, expert witnesses or legal representatives are unable to continue with a case..
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01 August 2000
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121 - 01 August 2000
Cornhill/RapidInsure deal
A deal between Cornhill Insurance and online Rapid-Insure.co.uk will lead to the underwriting of a new web-based product offering all risks protection for offices, including public and employers’ liability cover and legal expenses cover up to..
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01 August 2000
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121 - 01 August 2000
Cover for footballers
Following a ruling by the sports minister, the Football Association (FA) is introducing a compulsory insurance scheme for all 500,000 amateur players in around 44,000 clubs, from the 2001/2 seasons.
Following a number of incidents in which injury..
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01 August 2000
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121 - 01 August 2000
‘Doing their best’ not enough
Ombudsman Michael Buckley says government agencies must expect to pay more compensation – and more frequently – for maladministration. Increased administrative complexity along with staff cuts are likely to lead to more errors, but the..
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01 August 2000
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121 - 01 August 2000
Online banking fraud risk
Unlike the £50 limit to fraud losses on debit and credit car transactions, leading online banks (including Bank of Scotland, Egg and Halifax) leave their customers open to potentially unlimited fraud loss.
This is highlighted in a report..
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01 August 2000
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121 - 01 August 2000
Directors’ risks from cybercrime
Directors are thought to be unaware of their potential liability for cybercrime, even though half of the FTSE 1000 have been victims in some way.
Integralis, one of Europe’s largest IT specialists, warns of risks, not only from misuse and..
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01 August 2000
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121 - 01 August 2000
Debt squad to target directors
A pilot scheme to recover money from negligent, as well as fraudulent, directors is to be announced by the Department of Trade & Industry. The official receiver will pass names to a private sector team in the Forensic Insolvency Recovery..
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01 August 2000
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121 - 01 August 2000
Liability for suicide from overwork
The Supreme Court in Japan in March found that Dentsu was liable for the suicide of a young worker following 17 months of gross overwork and no holiday break. Now a settlement has been achieved with the parents of Ichiro Oshima of ¥168mn.
The..
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01 August 2000
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121 - 01 August 2000
WRULDS website
The Human Sciences & Advanced Technology (HUST) Research Institute at Loughborough University has – under contract to the Health & Safety Executive – developed a website summarising all known court judgments related to..
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01 August 2000
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121 - 01 August 2000
Vibration white finger
A cutoff date of 30 September of this year has been set for former miners suffering from vibration white finger to lodge claims for compensation. This includes all affected since 1 January 1975, with no limitation being argued. A helpline has been..
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01 August 2000
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Disability minefield
While current practice requires employers to seek to accommodate employees who become disabled into suitable employment, there are potential minefields, especially where pension entitlement is a factor.
The decision of the Court of Appeal in Ex..
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01 August 2000
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121 - 01 August 2000
HSC investigation and prosecution
Public consultation is sought for the first time for revision of the already-published enforcement policy statement of the Health & Safety Commission. This includes criteria for a decision to prosecute and stating that – following a..
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01 August 2000
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121 - 01 August 2000
Stress strategy
Following widespread consultation leading to the conclusions that work-related stress is a serious problem, a health and safety issue and amenable to the application of health and safety legislation, the Health & Safety Commission is to develop..
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01 August 2000
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121 - 01 August 2000
Heathrow tunnel collapse
The Health & Safety Executive inquiry into the 1994 tunnel collapse found that the public and workers were exposed to ‘grave risk of injury’ and only by remarkable good fortune was none hurt. The report states: ‘The collapse..
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01 August 2000
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Looming legislation
A briefing note of health and safety laws from Lovells highlights significant aspects of upcoming health and safety laws.
A UK-wide strategy statement on health and safety in the workplace comprises a 44-point action plan of policy initiatives and..
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01 August 2000
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121 - 01 August 2000
‘Nuclear’ fires
Destruction of vegetation in the recent fires around the Los Alamos area, home of the premier US nuclear weapons laboratory, has led to fears that seasonal rains could sweep radioactive-contaminated soil into the Rio Grande River.
The fires were..
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01 August 2000
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121 - 01 August 2000
‘On target’ BNFL to take back fuel
British Nuclear Fuel Ltd (BNFL) claims to have already met more than half the targets set for 2002 by the critical Nuclear Installations Inspectorate Report earlier this year. This includes the appointment of a 10-person team of senior independent..
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01 August 2000
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121 - 01 August 2000
New doubts over Mull of Kintyre
The controversial finding of ‘gross negligence’ against the two (dead) pilots following the 27-death helicopter crash over the Mull of Kintyre eight years ago is under increasing pressure for revisiting. A parliamentary answer in late..
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01 August 2000
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121 - 01 August 2000
EgyptAir crew relatives seek compensation
The relatives of five crew members (including the pilot) who died in the 1999 EgyptAir crash have launched action against Boeing and other companies, alleging that faults in the plane, rather than pilot suicide, caused the loss and 217 deaths. They..
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01 August 2000
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121 - 01 August 2000
Northrop to pay São Paulo victims
US-based Northrop Grumman Corporation has been ordered to pay compensation to the families of 45 victims of the 1996 crash of a TAM Airlines’ Fokker 100 shortly after takeoff at São Paulo. In all, almost 100 died, including the crew and..
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01 August 2000
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Swissair mediation
Mediation by US district judge James Giles is to start in mid-July in 15 lawsuits stemming from the 1988 crash of Swissair flight 111. These cases have been selected by plaintiff attorneys in the hope of leading to wider settlement of claims. It is..
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01 August 2000
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121 - 01 August 2000
Law of the Sea HQ opens
Four years after the establishment of the International Tribunal for the Law of the Sea, it moves into its official headquarters in Hamburg.
During the past four years the tribunal has dealt with five cases arising from three separate incidents but..
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01 August 2000
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121 - 01 August 2000
Classification society expelled
Polski Rejestr Statkow has been expelled from the International Association of Classification Societies. This surprise move follows the 18-death loss of the Leader L
earlier this year and occurs before its own report is complete. There has been..
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01 August 2000
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Erika claims limited
As the last of the oil is being pumped out of the Erika
, for disposal on shore, over 1,100 primary and 500 supplementary claims have been lodged. The International Oil Pollution Committee has decided that these should, for now, be limited to 50% of..
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01 August 2000
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121 - 01 August 2000
Greece fined
For the first time, an EU member state has been fined for failing to comply with an earlier ruling of the European Court of Justice. Greece is required to pay £12,000 each day until discharge of toxic waste into a river in the popular holiday..
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01 August 2000
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121 - 01 August 2000
Refinery leak
More than a million gallons of crude oil have leaked from Brazilian state-owned refinery Petrobas into the Barigui River. The river is completely black and people living in the area are finding breathing impaired. It is heading for the major tourist..
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01 August 2000
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121 - 01 August 2000
Radon: good practice guide
Following pilot work with local authorities, assisting householders to carry out remedial work where their homes are exposed to natural radon, the programme is to be extended. A Good Practice Guide
based on experience to date is available.
Copies..
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01 August 2000
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121 - 01 August 2000
Advanta and government ‘considering their position’
Giving evidence before the House of Commons agricultural select committee, Advanta Seeds (implicated in distribution of GM-contaminated seed, see LRI
July 2000) claims to have broken no laws and acted ‘swiftly, openly and..
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01 August 2000
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121 - 01 August 2000
Property/casualty income plummets
A study covering about 97% of the property/casualty sector by the Insurance Services Office (ISO) shows net income for 1999 was down by 28% to an after-tax net US$22.2bn. The industry’s surplus grew by the smallest percentage since..
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01 August 2000
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New medmal giant
The US$240mn merger of medical malpractice insurers Professionals Group and Medical Assurance will create the third-largest medical malpractice insurance firm in the US. Combined assets stand at around US$2bn with total premiums of US$426mn (medical..
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01 August 2000
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121 - 01 August 2000
Fraud against FDA?
The US Supreme Court will later this year hear arguments alleging fraud perpetrated on the Food & Drug Administration (FDA) and consider whether federal law preempts state law in the underlying liability claims.
This follows conflicting appeals..
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01 August 2000
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121 - 01 August 2000
Internet actions
Several internet liability actions in the US are seeking class status, brought against Yahoo!, DoubleClick and others, based on invasion of privacy. Eventual verdicts are expected to define legal standards for these and other areas of internet..
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01 August 2000
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121 - 01 August 2000
WTO says asbestos ban legal
An interim finding of the World Trade Organisation (WTO) holds that the French ban on asbestos and asbestos-containing products does not violate trading rules. This is in response to a Canadian complaint against the three-year-old French ban. The..
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01 August 2000
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Owens Corning
The second quarter report, with net sales expected to be slightly below the US$1.3bn for the same period last year following weaker demand due to housing market response to the rise in interest rates, also includes update on asbestos matters.
The..
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01 August 2000
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TUC warns of high level of deaths
A report from the Trades Union Congress warns that asbestos-related disease – already killing 4,000 a year in Britain, more than die on the roads – will become the biggest killer of males under the age of 65 by 2020. It was noted that..
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01 August 2000
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Tobacco update
No responsibility for death of 37-year-old
heavy smoker. This is the Mississippi jury finding in a wrongful death claim against R J Reynolds; without evidence offered of ‘defect’ of product, they were unsympathetic to a claim where they..
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01 August 2000
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121 - 01 August 2000
Failure of communication costs MDU £6mn
The Medical Defence Union, having paid out £6mn in settlement of 213 family planning errors over the last decade, blames failure of communication as the main problem. ‘Patients need to know the risks of contraceptive method or procedure,..
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01 August 2000
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121 - 01 August 2000
Mobile phone info
In the US the Cellular Telephone Industry Association has established guidelines for the provision of information to customers on radiation emitted from mobile phones. Labels on specific levels will conform to the 1996 guidelines of the Federal..
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01 August 2000
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121 - 01 August 2000
Compulsory fluoride in water
Convinced of benefits by a report from the University of York, the Department of Health is working on legislation that will allow local authorities to compel water authorities to add fluoride to drinking water. The aim is to improve dental health,..
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01 August 2000
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121 - 01 August 2000
Fen-phen individual damages
An Oregon jury awarded two claimants alleging heart damage from the fen-phen slimming drug damages of US$29.2mn (of which US$25.3mn punitive) against American Home Products (AHP). The claimants are mother and son Juanity Batson and Richard Wirt. The..
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01 August 2000
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121 - 01 August 2000
Vaccination compensation increased
Following a two-year review, changes to the 1979 Vaccine Damage Payment scheme will increase payments to 900 vaccine-damaged children from £40,000 to £100,000 each. Those who have already received payments will be entitled to a top-up. The..
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01 August 2000
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121 - 01 August 2000
Private patients at risk
A report by the House of Commons Health Select Committee highlighted the risks to 900,000 patients undergoing operations in the largely unregulated private sector each year.
Regulation under the Registered Homes Act 1984 was designed for nursing..
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01 August 2000
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121 - 01 August 2000
Psychological effects of personal injuries to children
‘Cars which are involved in road traffic accidents commonly contain children (0 to 16 years). Typically, their parents seek help … for their physical injuries – the emotional aspects of such accidents are usually taken care of by..
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01 August 2000
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121 - 01 August 2000
BSE, CJD and OPs
Fears of spread of BSE to sheep
are growing, and the newly-formed Food Standards Agency believes that evidence that BSE has entered the national flock ‘might emerge at any time in the next year or two’.
It warns that current measures..
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01 August 2000
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121 - 01 August 2000
The proposed European Commission package of food hygiene requirements will firmly place responsibilities with farmers and food companies. The aim of new legislation is to harmonise and simplify the current complex rules, covered by 17..
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01 August 2000
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Case update
Subject Bank’s suspicions of customers
Result A bank did not become a constructive trustee of money deposited merely because it entertained suspicions as to its provenance.
A Bank v A Ltd and Others (Serious Fraud Office, Interested Party),..
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01 August 2000
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121 - 01 August 2000
Claims unlikely – as yet
Because of the geographic location and poverty of those concerned, compensation claims against state-run Nigerian National Petroleum Corp are unlikely.
In a not-unique event, more than 250 people died following explosion of a gasoline pipeline in..
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01 August 2000
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121 - 01 August 2000
POWs may get £10,000
Prior to announcement of details of a UK government compensation package, solicitor Martyn Day – who acts for former prisoners-of-war of the Japanese on a ‘no win, no fee’ basis – says they would settle for £10,000 each,..
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01 August 2000
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121 - 01 August 2000
Slave labour deal approved
The German government has approved a £3.3bn fund for compensation of slave labourers during the Second World War. This will lead to average payouts of £5,000 to about 240,000 survivors. This comes after pressure from Jewish organisations..
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01 August 2000
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121 - 01 August 2000
Serbs bomb victims
The families of five civilians killed when NATO bombed the Radio Television Serbia building in Belgrade are taking 17 countries, including the UK, to the European Court of Human Rights seeking compensation. They cite the right to life, and freedom..
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01 August 2000
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Belgrano families’ claim rejected
Families of Argentineans who died when British forces sunk the General Belgrano
in 1982 sought damages from Britain in the European Court of Human Rights with the backing of Argentina’s minister for the interior.
They argued the vessel was..
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01 August 2000
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121 - 01 August 2000
Tisza claim
The Hungarian government has launched a claim for A$181.7mn against Australian mining company Esmeralda Exploration, as half-owner of the Aurul smelter in Baia Mare, Romania from which some 100,000 tonnes of cyanide were spilt.
The claim cites..
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01 August 2000
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121 - 01 August 2000
Claims Direct sued
Claims Direct faces legal action over its decision to bring in new contracts for its self-employed claims handlers. This changes the 30% of compensation to a flat-fee system. Twelve who refused the new terms together seek damages of £10mn. (See..
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01 August 2000
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121 - 01 August 2000
Virgin targets Railtrack
Virgin Trains is following the example of Virgin Airlines, ready to fight its corner in court. Fed up with criticism of the west coast service, it has given Railtrack a month’s notice to upgrade its rail line work or face a claim for..
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01 August 2000
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121 - 01 August 2000