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US - Nursing Home in Washington Sued Over Coronavirus Death
The daughter of a woman who died of a suspected coronavirus case at a Seattle-area nursing home connected to dozens of COVID-19 deaths is suing the company that owns the Life Care Center of Kirkland.
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Standard Chartered Bank Fined £20.47m for breaching Ukraine Sanctions
The UK Office of Financial Sanctions Implementation (OFSI) which is a division of the UK Treasury has imposed fines totalling £20.47m against Standard Chartered Bank for breaches of EU Regulations providing for sanctions relating to loans given to a Russian Bank as this action was deemed to be contrary to EU Rules on Ukraine sovereign integrity.
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How vital crash data can be retrieved from vehicles
Modern cars are filled with electronic modules and sensors. These modules and sensors are constantly sending data to each other to improve the safety and performance of the car. Some of these modules store information that could be useful in determining the cause of a crash but only in recent changes to legislation in both the EU and US have manufacturers had to make this data accessible to specialist analysts.
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US: Drug Companies to Pay $1.25B to Settle Opioid Suits with West Virginia
Communities in West Virginia say they would get $1.25 billion from the drug industry in a proposed settlement that would end most of the litigation stemming from the opioid crisis in the state.
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US: Lawsuits against Businesses over the Coronavirus are only beginning
In just a few weeks the Coronavirus has caused thousands of deaths, turmoil in the markets, disrupted supply chains and forced quarantines. Now the legal fallout from the Coronavirus has started.
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UK: Electronically signed deeds are legal lord chancellor confirms
Documents signed electronically - even when a statutory requirement for a signature predates the digital age - have legal force in England and Wales, the lord chancellor said today in a long-awaited confirmation of the law. The written ministerial statement was confirming the conclusions of last year’s report by the Law Commission, which itself had sought to clear any lingering doubts over the issue.
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Apple to pay $500m Compensation for deliberately slowing down battery performance
The Saga in relation to the disclosure that Apple had deliberately slowed down the battery performance of older iPhones is nearing a conclusion as a result of its agreement to pay some $500m in compensation arising from a class Action in the US.
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Tesco sends security warning to 600,000 Clubcard holders
Tesco is issuing new cards to 600,000 Clubcard account holders after unearthing a security issue. The supermarket giant said it believed a database of stolen usernames and passwords from other platforms had been tried out on its websites, and may have worked in some cases.
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Judge awards £400,000 compensation to Lawyer who sacrificed her career to look after couple's children
The High Court in London has a made an Order that a couple, both lawyers should share their £10m assets equally but also awarded an additional £400,000 compensation to the Wife who was educated at Cambridge University as compensation for curtailing her legal career in order to focus on looking after the couple’s two children.
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Senior Barclays Executives acquitted on fraud charges
Three former Senior Executives in Barclays Bank have been acquitted of fraud charges at the Old Bailey in London following a seven year case after a five-month Trial.
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Its official: We are talking less to each other even when at home
A startling report issued by the UK Office of National Statistics (ONS) confirms that what many of us already suspected – we are speaking less to each other even when at home. The Report paints a picture of an increasingly fractured society in which people are more and more unwilling to join social sports or clubs or to volunteer and there is an increased tendency not to socialise with friends or colleagues.
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Barclays scraps 'Big Brother' staff tracking system
Barclays says it has scrapped a system that tracked the time employees spent at their desks and sent warnings to those spending too long on breaks.
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CEO of Credit Suisse forced to resign over spying on former employees
The Chief Executive of Credit Suisse has been forced to resign as a result of a scandal involving the Bank spying on some of its former employees.
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Unexplained Wealth Order confirmed against woman who spent €19m in Harrods
Zamira Hajiyeva has lost her Appeal in the UK Court of Appeal against an Order of the High Court forcing her to explain the source of her wealth and that her assets came from legitimate and lawful sources and activities.
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Monday still most popular sick day
During 2019 some 8.6m people in the UK from a total workforce of 33m people stayed away from work because they found their jobs “too painful” for a number of reasons.
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Airbus accepts record £3bn fines for bribery and corruption
After a lengthy investigation regulators in the US, France and the UK have agreed record fines totalling €3.6bn with Airbus to settle claims that it paid hundreds of millions of euro to intermediaries designed to secure Contracts for the purchase of its aeroplanes.
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Senior Managers of Orange (France Telecom) jailed for institutional psychological harrassment of employees
Between January 2008 and January 2011 more than sixty employees of France Telecom committed suicide. Senior Managers of Orange (France Telecom) jailed for inflicting institutional psychological harrassment on employees.
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Solicitors held negligent in failing to protect interest of son whose Mother changed her Will after meeting Barrister 41 years her junior
The Court of Appeal in London has overruled the High Court and has found that a well-known Firm of Solicitors was negligent in failing to protect the interests of an Oxford Professor whose mother changed her Will, leaving her home worth £1.25m to Wendy Cook, a Barrister.
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Financial Conduct Authority fined by Pensions Regulator
The Statutory Authority responsible for regulating financial services in the UK has been censured and fined by another regulatory Authority, the Pensions Regulator for failing to operate its own Staff Pension Scheme properly.
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Transport for London explains for why it revoked Uber's Taxi Licence
Transport for London (TFL), which is responsible for regulating public transport, has issued a detailed document explaining its reasons for revoking Uber’s Taxi Licence.
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Apple objects to EU proposal for uniform Smart Phone charging port
The European Parliament has been discussing introducing legislation forcing Smart Phone manufacturers to adopt a common charging port.
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Court rules that Right of Residence of elderly Mother trumps Bank's legal charge against property
The High Court in Dublin has handed down an important ruling relating to the priorities pertaining to a Right of Residence vis-à-vis a bank’s legal charge on a property.
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New legislation introduces major reforms to Insurance law in Ireland
The Consumer Insurance Contracts Act 2019 which has been passed by the Irish Parliament is expected to come into force within the next few months. The date when the Act will come into operation will be announced by the Minister for Finance.
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"Golden Circle" Law Firm entitled to dismiss employee of 24 years over internet browsing during working hours
An Employment Judge in Liverpool, has ruled that Weightmans handled the dismissal procedure of an employee of 24 years in a “text book fashion” and that the claim against the firm should fail.
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Report published on Private Motor Insurance Market in Ireland
The Central Bank of Ireland which has responsibility for regulating the insurance sector published its first annual Private Motor Insurance Report last month. The report covers a wide range of issues in the Motor Insurance Market including figures on the costs of claims, premium levels and settlement of Private Motor Insurance Claims.
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Aviva Policy Holder sentenced for fraudulent claim
An Aviva Policy Holder, a Company Director from Kent has been sentenced to 18 months in Prison, suspended for 18 months and ordered to pay £33,410 in compensation together with Court costs of £6,590 having being found guilty of one count of fraud by false representation and one count of making or supplying article for use in fraud when he submitted false documentation to support a claim arising from storm damage to display screens which his Company provided to a Sports Club and which screens had been damaged beyond repair.
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Law Firm Employee looses dismissal claim over birthday card
A Legal Secretary employed by a Solicitor’s firm in Salisbury has lost her claim against her employers for age discrimination and under whistleblowing legislation which she says was triggered by her colleagues communicating with her and sending her a card to celebrate her 50th birthday.
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Bankcrupt who bought BHS for £1 ordered to pay £9.5m into its Pension Scheme
BHS, a stalwart of the UK High Street for almost 100 years, collapsed in 2016 leading to 11,000 employees losing their jobs and a deficit of £570m on its Staff Pension Fund. The Company had been bought from Retail Tycoon Sir Philip Green for £1.
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UK Gambling Commission bans gambling by credit card
From 14th April 2020 gambling in the UK by credit card will be outlawed. The move by the UK Gambling Commission is an attempt to curb problem gambling.
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Huge Rise in Construction Accident fatalities in 2019
The Health & Safety Authority (HSA), Ireland, has reported that fatal accidents at work in Ireland increased by 140% in 2019, from 5-12.
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Most Enforcement Actions by Insurance Regulator in US caused by mistakes by Claims Professionals
A Report issued by Wolters Kluwer Consulting has found that the most common reason for regulatory Enforcement Actions against US Property and Casualty Insurers in 2018 were mistakes made by Claims Professionals in handling claims. The Report lists the most common reasons for Actions taken by regulators against Insurers and of the top ten reasons, five were mistakes made in the Claims handling process by Insurers.
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UK Supreme Court to rule if Ryanair can bypass Solicitors
In 2016 Ryanair changed its terms and conditions. The new Terms and Conditions require passengers who are seeking compensation for flight delays to deal directly with the airline and to allow the airline 28 days to respond before passengers instruct any third party to act on their behalf (e.g. a Solicitor).
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Holiday Makers in contempt even before Proceedings are issued
A leading Holiday Company has succeeded in an Appeal against the refusal of the High Court to hold two holidaymakers in contempt of Court in relation to Pre-Action Statements which they filed alleging that they had contracted food poisoning as a result of eating contaminated food or drink or swimming in an insanitary pool whilst on holidays abroad.
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Judge rules Claimant is "fundamentally dishonest" in her absence on the basis of Telematic evidence
A Judge in the UK has ruled that an Accident did not occur as alleged or at all and that the claim of the Plaintiff was "fundamentally dishonest" in the absence of both the Plaintiff and the Defendant and on the basis of Telematic evidence.
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"Lifer" who was resuscitated claims he has served his sentence
A prisoner in a jail in Iowa has argued that he should be released having served his sentence as he had “momentarily” died in 2015 as a result of a medical condition and had been resuscitated.
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Injured Worker wins right to obtain Health and Safety Authority documents under Freedom of Information Act
A far reaching Decision by the Information Commissioner will have important implications for the rights of injured parties to access documentation held by the Health & Safety Authority in relation to Accidents giving rise to compensation Claims and in particular accidents at work.
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Record Number of Cases against persons abusing Power of Attorney
A survey carried out by a UK Law Firm has found that the number of Court Actions against persons abusing or misusing Powers of Attorney against the interests of vulnerable parties has rocketed.
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Vaping Litigation grows in US
Young consumers of Vaping products in the US have commenced Litigation against E-Cigarette manufacturer Juul Labs Inc. and Others.
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EU restricts planned obsolescence for Consumer goods
The EU has issued new regulations imposing obligations on manufacturers of consumer goods to make them longer lasting and to supply spare parts for machines for up to ten years after the sale of the products.
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Accountancy Regulator investigates Thomas Cook Auditor
In the immediate aftermath of the collapse of Thomas Cook, the 178th year old Travel Firm which led to the redundancy of 9,000 directly employed staff and stranded 150,000 holidays makers overseas, the Financial Reporting Counsel (FRC) has launched an enquiry into the audit of the Company carried out by Ernest & Young for the financial year ending 30th September 2018.
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Uber and Taxi Regulator edge closer to agreement
The London Taxi Regulator has granted a two month licence to Uber Technologies to operate its Taxi hailing app in this city.
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UK National Health Service increasing pace of admissions of liability in Clinical Negligence Claims
NHS Resolution, the organisation responsible for handling clinical negligence claims against NHS Trusts says that it is making substantial progress with regard to early resolution of clinical negligence claims particularly in the area of early admissions of liability so as to minimise anxiety and worry for injured patients and speed up the settlement process.
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Boeing's offer to crash families rejected
Boeing has announced that it intends to offer the families of relatives killed in the two 737 Max Air Crashes compensation in the sum of $144,500.
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Regulator says Booking.com continues to mislead customers
Last year the UK Competition and Markets Authority issued a ruling stating that booking sites should look again at the way they display hotel and other accommodation rooms as it was concerned that it such websites were involved in high pressure sales tactics to members of the public.
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"Ghost” Insurance Broker sentenced for selling fake policies
A person described as a “ serial fraudster” has been sentenced at Birmingham Crown Court for 18 counts of fraud for selling fake insurance policies.
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Driver who supported bogus claims loses claim and is ordered to pay costs
As a result of a Motor accident which is alleged to have occurred in May 2016 the driver lodged a claim seeking Damages for Personal Injuries and his passenger and two children also filed claims seeking compensation.
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Insurance Claims Handler jailed for defrauding employer to Fund drug addiction
A Claims Handler employed at the Fenchurch Street Offices of AIG has been sentenced to two years imprisonment for defrauding his Employer AIG £390,478 to fund his Cocaine habit.
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False Claim for Loss of Engagement Ring leads to Jail for Insurance Fraudster
A 35 year old man from Margate, England has been sentenced for insurance fraud by false representation as a result of making fake travel and jewellery claims including a claim that he had lost his Partner’s Engagement Ring.
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UK: - Increase in number of workplace fatalities
The most recent Report of the UK Health and Safety Executive for Workplace Injuries for 2018/19 reveals the following interesting facts
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Judge dismisses dishonest Holiday Compensation Claim by Police Officer
Katie Miles a Police Office serving in the Nottinghamshire Police Force was found to be fundamentally dishonest in respect of a Holiday Compensation Claim which she brought to Court following upon a holiday which she took in Sharm El-Sheikh in 2015.
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Misdiagnosis most common cause of Clinical Negligence Claims
Two studies published recently demonstrate that inaccurate or delayed diagnoses are a leading cause of Medical malpractice claims.
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Top Judge says Compensation Lawyers need Policing
In California a Highway Patrol Officer has been assigned to each of the State’s twenty-two Workers Compensation Appeals Board Offices after a number of violent attacks took place against Lawyers.
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Judge dismisses dishonest Holiday Compensation Claim by Police Officer
Katie Miles a Police Office serving in the Nottinghamshire Police Force was found to be fundamentally dishonest in respect of a Holiday Compensation Claim which she brought to Court following upon a holiday which she took in Sharm El-Sheikh in 2015.
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Study seeks to measure true cost of workplace violence to businesses
A new study has sought to summarise and categorise the various costs hidden and otherwise of workplace violence among employees.
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Retrial ordered in Baby Talcum Powder Cancer Case
An Appeal Court in the United States has ordered a retrial in relation to a case in which a woman who says that the baby powder made by Johnson & Johnson caused her Cancer was awarded $417m.
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Insurers very unhappy at discount rate change
The UK Government in a surprise announcement today reduced the discount rate (Ogden Table) to minus 0.25%. The Insurance Industry generally expected the rate to be set at 0%.
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Further Reforms of UK Personal Injury Claims Regime
The UK Government has announced plans for further drastic reforms of the Personal Injury Claims procedure. The further reforms relate particularly to whiplash claims.
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Head of Claims Companies jailed for Insurance Fraud - Solicitors fined
The Head of a number of Claims Handling Companies has been jailed at Nottingham Crown Court for six months as a result of his role in facilitating fraudulent Personal Injury Insurance Claims.
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Top Four Accountancy Firms fail to meet Audit Quality Targets
The UK’s Financial Reporting Counsel has issued a Report stating that all of the UK’s top Auditors failed to hit quality targets for checking companies books.
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Banks accused of forging Customer's signatures
An influential committee of the House of Commons has urged the Police to investigate what is described as large scale forging of signatures of Customers by Banks in repossession cases.
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GDPR Breach Costs British Airways £183m fine
The Information Commissioner’s Office (UK) has imposed a fine of £183m on British Airways (owned by Parent Company IAG) for a breach of its Security Systems last year which BA blamed on hackers who they said carried out a “sophisticated, malicious criminal attach” on its website.
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At Least 75 Fires caused by defective Whirlpool Dryers
A House of Commons Business Committee has been told by the manufacturers of Whirlpool tumble dryers that there could be up to 800,000 faulty Whirlpool tumble dryers in homes around the UK.
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UK: Director of claims management Company sold Personal Data to Claimants' Solicitors
Manchester Crown Court last week fined a Director of a claims management company and made further Orders against him including a five year disqualification from acting as a Director of any Company
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Electric Cars to have Audible Warning Siren
In an “echo” of the rules requiring person to walk in front of a motor vehicle carrying a red flag in the early days of the motor vehicle at the beginning of the twentieth century.
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HSE paid out over €832m in compensation arising from Medical Negligence Claims since 2014
Figures just released indicate that Medical Negligence Compensation pay-outs by the HSE have increased by 365% in the past 5 years.
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UK: - Financial Services Compensation Scheme sees large increase in Claims as a result of collapse of unrated Insurers
In the UK the Financial Services Compensation Scheme has disclosed that in the past year it has assisted over 370,000 customers who were negatively affected by a 14 times increase in the number of claims caused by the collapses of Insurers who did not have any or any satisfactory rating.
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US: - Woman from Ohio who slipped on a "wet floor" sign at Casino awarded $3 million
A woman from Ohio in the United States has been awarded $3m by a Jury in Hamilton County as a result of an accident at Jack Casino in Cincinnati.
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Employee secures $5m parental leave settlement
The Court of Appeal has issued a stern warning that dishonest claimants - and their lawyers - will not escape the consequences of unscrupulous conduct simply by dropping the cases when they begin to unravel
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Dishonest claimant facing contempt charge as court rails at PI fraud tactics
The Court of Appeal has issued a stern warning that dishonest claimants - and their lawyers - will not escape the consequences of unscrupulous conduct simply by dropping the cases when they begin to unravel
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US Oil Companies settle Earthquake Claims
A Class Action Lawsuit in the United States alleged that salt water disposal Well operations by three US Oil Companies - Spess Oil Company, Equal Energy US, and Fairfield Oil and Gas Corporation, caused earthquakes in 2011 near the Oklahoma town of Prague. One earthquake reached a magnitude of 5.7, effecting over 170 homes in the area.
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Dramatic Fall in number of Personal Injury Claims in UK
Figures released by the Ministry of Justice in the UK confirm that there has been significant decline in the number of new Personal Injuries Claims in the UK in the Third Quarter of 2018. The figures indicate that the level of new Personal Injury Claims is now at its lowest in almost seven years.
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Referral By Insurer Leads to conviction of Insurance Fraud Ring
Five men from London have been sentenced to a combined total of fourteen years in prison after being caught attempting to defraud insurers of sums totalling almost Stg£1m by way of sophisticated fraudulent property loss claims
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Johnson & Johnson win talcum powder cancer case
Johnson & Johnson one of the world's leading manufacturers of Personal Care and Hygiene Products has successfully defended a long running case brought against it by a lady who alleged that Talc based products manufactured by the Company including its baby powder contain Asbestos and caused her Cancer.
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Government Agencies disagree over cancer danger from mobile phone use
In the United States the National Toxicology Programme has stated that its research has caused it to have concerns in relation to a possible link to heart and brain cancer from a study of male rats that was published within the last number of months.
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Injury Claims Mount Against Electric Scooter Firms
A Class Action Law Suit was filed on the 19th of October 2018 in Los Angeles County Superior Court by nine people who say they were injured as a result of using Electric Scooters.
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Whiplash Claims - UK
The House of Commons passed all stages of the Civil Liability Bill last week which provides for sweeping reforms of compensation claims in England and Wales.
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U.S Supreme Court: Complaint against lawyers relating to Justice Kavanaugh appointment
A complaint has been filed against the lawyers who represented Christine Blasey Ford, the person who accused then Supreme Court nominee Brett Kavanaugh of sexual abuse against her arising from an incident going back to his teens .
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Judge upholds Jury finding that Roundup causes cancer but reduces level of award
Bayer AG has failed to persuade a judge in California to overturn the finding of a jury that it was responsible for manufacturing a product which caused cancer to a former school groundskeeper who had used the product ( Roundup) over a period of time.
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Aggressive/Expensive Litigation Tactics
A UK High Court Judge recently berated what he described as aggressive Litigation tactics “from an earlier era”. The Honourable Mr. Justice Fraser, a Judge of the High Court of England and Wales, conceded that there was little more that he could do to put a halt to Litigation opponents engaging in tactics which clearly served to prolong matters and lead to excessive legal costs
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Recoverable Benefits and Assistance Scheme
The Department of Employment Affairs and Social Protection has claimed that some compensators (i.e. Insurers or Self-Insured Defendants) are deliberately attempting to avoid making payments to the Department under the above scheme.
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Payment of Compensation in Catastrophic Injury Cases by way of periodic payments
With effect from 1st October 2018 the Courts are empowered to make awards of Damages in cases of catastrophic injury, by way of Periodic Payment Orders. This arises as a result of the signing by the Minister for Justice of the necessary Commencement Orders in relation to the relevant parts of the Civil Liability (Amendment) Act 2017.
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Costs Differential Order
The Court of Appeal delivered an interesting and important Judgement in relation to this topic, on the 24th of July 2018. In the case of Jibran Moin (Plaintiff) v Veronica Sicika (Defendant) and John O’Malley (Plaintiff) v David McEvoy (Defendant) each Plaintiff was awarded Damages by the High Court but the Damages awarded were within the jurisdiction of the Circuit Court. In each case the Trial Judge in the High Court awarded costs of the Proceedings to each Plaintiff on the Circuit Court scale with a Certificate for Senior Counsel.
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BICC Breakfast
Is the lack of Irish women directors a question of talent or simply a lack of demand from male dominated board? O'Rourke Reid Law Firm co-hosted a British Irish Chamber breakfast on Wednesday 27 February at the Ballsbridge Hotel, Dublin 4 which aimed to spotlight the low representation of Women on Boards in Ireland.
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Data Protection Update
Last year, the Data Protection Commissioner was involved in two cases of note which highlight the provisions that companies are now required to abide by. The first related to CCTV footage of an accident on a Dublin Bus. The second related to the failure to protect personal data held on laptop computers.
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The Notary Public
A Notary Public is a public officer established in law to serve the public in non-contentious matters usually concerned with foreign or international business.
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Companies Bill 2012
The end is in sight for long gestation period for company law reform in Ireland following publication of the Companies Bill 2012 (the 'Bill'). Portrayed as the longest substantive bill in the history of the State, the Bill consolidates the 16 existing Companies Act 1963 - 2012.
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A Taste of Britain
O'Rourke Reid were delighted to have been one of the sponsors of 'A Taste of Britain', aimed at introducing UK food and drink SMEs to the Irish marketplace. The event took place in and around Dublin city on 26 and 27 September last.
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Your Business Online BICC
The British Irish Chamber of Commerce held a Networking Breakfast Seminar, sponsored by O'Rourke Reid Law Firm, entitled "Your Business Online" on Thursday morning 13th September 2012 at the Ballsbridge Hotel in Dublin
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