UK Company Sued for Belgian Surgeon's Error [12th Mar 2012]
The British Court has ordered that a Belgian cosmetic surgery clinic must pay their client £100,000 in compensation after her facelift surgery went wrong. The clinic, Elyzea has consultation offices in London and Manchester has never explained what went wrong or apologised to the victim. The operation took place in 2005 in Brussels and the woman was left with damage to facial nerves and skin as well as scarring and a lopsided look. Despite some corrective surgery, not all of these problems have been fixed. The legal action was started in 2008 on the basis of negligence and a breach of contract. The woman's legal team have claimed that Elyzea denied that the claim should happen in the UK courts despite the arrangements being made in a London clinic. Elyzea also said that they should not be held responsible for the actions of the surgeon who worked as an independent professional. It has emerged this week that more than £1 million has been paid out to foreign criminals in compensation due to errors made by the UK Border Agency. This is in addition to the 40 UK criminals who have received compensation after they were mistaken for foreigners. Many of these were detained past their usual sentence because they were expected to be deported. The extra detainment (even that of overseas criminals) has been deemed unfair and led to compensation payments of an average of around £10,000. It has been suggested that a scandal in 2006, where thousands of foreign criminals were released from prison and not deported may have led to the idea of detaining them for longer than necessary in the future to ensure that they were deported was a necessary step. The UKBA has admitted that some mistakes have been made, but that they are unlikely to stop the method of detention if it is deemed necessary for public safety. Yet another mis-selling scandal looks set to hit UK banks after it emerged that small businesses were sold highly complex financial derivatives between 2005 and 2007 when interest rates were rising. The Treasury has already started an investigation into the scale of the problem which appears to have affected most high street banks. The business owners in question, which include care homes, garden centres and farms, say that they do not understand the interest rate derivatives which were designed to protect them from increasing interest rates on loans. When interest rates began to fall, the business owners found themselves with huge bills which in some cases reached hundreds of thousands of pounds. These often related to termination costs and an increased cost of borrowing if interest rates were to fall. These facts were not made clear to all customers. The Federation of Small Businesses say that they are very concerned about the news and the Financial Ombudsman is already dealing with a number of complaints and compensation claims. A lorry driver who was awarded more than £14,000 in compensation has said he has been let down by the system after he failed to receive any money. Keith Scantlebury won the compensation after a tribunal found he had been unfairly dismissed. However his employers were unable to pay him and did not have any insurance to cover compensation claims. Mr Scantlebury has said that the law needs to be changed to compel business owners to take out insurance to protect them in the case of compensation claims. His employer, T Henderson hauliers has since closed down and this may mean that he never receives the money he is owed. Mr Scantlebury also feels that not enough is done to enforce the courts ruling. He was fired after an argument with his boss over a delivery he had refused to do because it would take him over his allowed driving hours. |
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