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Independent Inquiry into Child Sexual Abuse - the Government’s response
On 22 May 2023 the Government published its response to the Final Report of the Independent Inquiry into Child Sexual Abuse (IICSA) in which it states it accepts the need to act on 19 of the 20 recommendations.
Case review 23-05-2023
Hong Kong Personal Injury Brief - May 2023 edition
In a very recent decision, HH Judge Andrew Li of the District Court (Judge) has tightened control over adducing of expert medical evidence in personal injury (PI) cases, particularly those in the District Court. He observed that it was high time for the courts and practitioners not only to consider but to actually make wider use of a single joint expert (SJE) rather than respective medical experts appointed by opposing parties.
Case review 19-05-2023
Court of Appeal identifies the correct test under Article 3 of the Human Rights Act 1998 in failure to remove case
The Court of Appeal (CoA) has upheld the decision of the High Court to grant summary judgment to the defendant local authorities in a case alleging breach of Article 3 of the Human Rights Act (HRA) 1998 for failure to remove the claimant from his mother’s care. In doing so, the CoA has provided useful guidance which will assist in dealing with these claims.
Case review 27-04-2023
Supreme Court retreats from seemingly extended principles of vicarious liability
Following the Court of Appeal’s decision in March 2021 which stood as a further example of a faith-based establishment being caught by the extended principle of vicarious liability, the Supreme Court has clarified the position by allowing the defendant’s appeal.
Hong Kong Personal Injury Brief - March 2023 edition
In a robust decision handed down recently, HH Judge Andrew Li of the District Court (Judge) said “this is by far the worst case I have come across in my 10 years sitting on the bench” and that “such appalling conduct on the part of an officer of the court must be stopped in our profession, in particular in [Personal Injury] litigation.”
Personal Injury Brief: latest decisions December 2022
A roundup of recent court decisions raising issues relating to limitation defences in Scotland, the role of experts, the application of the Civil Liability (Contribution) Act 1978, and contracting out of fixed costs.
Case review 29-11-2022
Limitation in childhood abuse cases – a key appeal decision
A judgment of the Court of Session has considered changes to limitation introduced by the Limitation (Childhood Abuse) (Scotland) Act 2017. In this case, the defender failed on appeal to sustain defences in terms of section 17D of the Prescription and Limitation (Scotland) Act 1973.
Best practices for mitigating risk under New York’s Adult Survivors Act claims
The Adult Survivors Act (“ASA”), a law recently signed by New York Governor Kathy Hochul, will go into effect on November 24, 2022 and provide a one-year window for individuals who were 18 or older at the time of the offense to file suit for previously time-barred sexual offense claims, regardless of when the alleged act occurred. The ASA will impact any entity that regularly interacts with adults in any capacity; thus, a significant influx of claims and lawsuits is anticipated.
Kennedys recognised as a leading law firm in Chambers UK 2023 solicitors guide
Top accolades awarded to the firm in the latest Chambers & Partners guide to leading law firms and lawyers across the country.
Online Safety Bill: a balance to be struck
On 17 March 2022, the UK Government delivered to parliament a 'world-leading' Online Safety Bill aimed to make the UK the safest place to go online while defending free expression. Here, and in light of Ofcom’s Call for Evidence about its plans for implementation of online safety regulation, we focus on the scope of the Bill’s provisions and the likely impact on organisations.