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Case review 23-06-2022
In April, the High Court handed down its judgment in Kozarov v Victoria, an appeal that sheds light on an employer’s duty of care to prevent psychiatric injury to its employees. The Court reinstated the appellant’s first instance damages award of $435,000, and awarded costs in the appellant’s favour.
The legal distinction between independent contractors and employees is often written about: not so often the question of whether a working doctor is better off as an independent contractor or as an employee. In this article, we explore what factors are relevant to doctors in deciding which way to go.
A roundup of recent court decisions including provisional damages and mitigation of loss for a dementia patient, issuing claims in the correct court, a common sense approach taken in a Scottish injury case, and participant v participant incidents in competitive sport.
On 31 May 2022, HM Courts and Tribunals Service confirmed that changes to the Civil Procedure Rules requiring defendant legal representatives to use the Damages Claims Portal from 2 June 2022 has been postponed.
When an accident occurs involving a work vehicle, insurers will consider whether the accident should be covered under the defendant’s EL/PL policy or their motor policy. With the Motor Vehicles (Compulsory Insurance) Act having passed the final parliamentary stages and will shortly be coming into force, this will provide clarification between EL and motor insurers.
We are very pleased to reveal the six successful claims professionals who have been chosen as finalists for the third series of Insurance Post’s Claims Apprentice, in association with Kennedys.
Case review 17-05-2022
Many of Australia’s states and territories have passed legislation amending their respective work health and safety acts to include the offence of industrial manslaughter. In a recent common law development, Judge Cash QC of the Queensland District Court has sent a clear message to Queensland business owners that the responsibility to create and maintain a safe work environment is paramount.
We have added a leading organised fraud specialist to strengthen our team and help safeguard clients from the rising cost of fraudulent claims. James Stevens is a former director and head of organised fraud at DWF Law, where over the last 11 years he has become well-known for his work relating to organised insurance fraud.
In this report, Kennedys experts highlight key legal and regulatory developments, and provide an overview of 12 topics to watch under four main topic groups which insurers and corporates should consider as they plan for operational resilience in the new financial year.
Kennedys were instructed by the insurer of a steel fabrication company to defend a personal injury claim brought by an employee following an accident at work in July 2017. The Claimant had sustained a genuine injury, but grossly exaggerated their claim, resulting in a discontinuance at trial and savings of over £100,000 for our insurer client.