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A roundup of recent court decisions raising issues relating to avoidance of employers’ liability policies, care workers making arrangements to pay for the services of a sex worker, the ‘tort gateway’ and accidents abroad, occupiers’ liability relating to trespassers, ‘uncontroverted’ expert evidence, a landmark Supreme Court decision on QOCS, and workplace traumatic brain injury.
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In the personal injury arena, a defendant is often left picking up their own costs tab due to the application of QOCS. There are some exceptions to QOCS, of which a finding of fundamental dishonesty is one, but what is the position when the claim is fundamentally dishonest but this has been facilitated by improper, unreasonable and/or negligent conduct of the claimant’s own legal representatives?
Kennedys is recognised as a top-band firm in the latest guide to leading law firms and lawyers across the UK.
Case review 20-10-2021
The Supreme Court has handed down its judgment on this tragic and long standing case - FS Cairo v Brownlie.
Following the publication of The Legal 500 UK 2022, we are proud to announce that the firm has once again achieved impressive rankings and recognition within the latest guide to leading law firms and lawyers.
Case review 07-10-2021
Today, the Court of Appeal handed down its judgment addressing a fundamental question: what is the proper approach of the court towards ‘uncontroverted’ expert evidence?
A roundup of recent court decisions raising issues relating to fatal accident claims, tour operator liability, the law on primary victims in Scotland, and whether or not to plead fundamental dishonesty.
Case review 30-07-2021
The Supreme Court has spoken. X’s appeal has been allowed. It has been decided that a tour operator can be found liable in contract, under the Package Travel, Package Holidays and Package Tours Regulations 1992, for the non-performance or “improper performance” of the obligations it has undertaken, even in a situation where those failures are the result of acts or omissions of employees of a third party supplier of services.
We are pleased to again report a record turnover of £264m, an increase of 11% on the previous year (£238m).We have also increased the number of fee earners globally by 10%, taking the firm’s overall headcount to in excess of 2,300