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Case review 05-08-2022
On 30 June 2022, the District Court of Odense ruled in a case concerning an accident that took place in 2014 whereby the plaintiff and his colleague worked by an excavation, when it suddenly collapsed, and the colleague was partly buried. The plaintiff, who was located in an excavator and did not see the accident happen, claimed compensation from the employer due to the psychological symptoms he allegedly developed due to the accident. In its ruling, the District Court dismissed the plaintiff’s claim and acquitted the employer.
Today we announced the launch of our in-depth report, 'Rewriting the risk: Addressing the challenges of climate change', which finds that the underwriting practices of (re)insurers are a major catalyst for change among businesses in the ongoing climate crisis.
Our latest global report finds that the insurance industry has a central role in building wider understanding about climate-related risks and in mitigating against those risks.
It is widely accepted that exposure to varying amount of asbestos can cause mesothelioma and lung cancer. In this article, we look at two recent developments in this area; carcinoid tumours and head and neck cancers.
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.
The Work and Pensions Select Committee has published its report into the Health and Safety Executive’s (HSE) approach to asbestos management. In doing so, a number of observations and recommendations have been made. Looking ahead to the coming year, we expect the HSE to publish yet further reviews of existing guidance and legislation.
A summary of key developments relating to the date of knowledge, CRU scheme, an English Court awarding Scottish “loss of society” damages, the evidential hill in asbestos claims, the damages claims portal, and a newly announced discount rate in Northern Ireland.
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.
Case review 23-03-2022
The recent Court of Session (Outer House) decision in this case highlights the difficulty a claimant faces in establishing foreseeability of asbestos related injury in circumstances where the claimant’s exposure to asbestos has been low level and took place prior to 1965.
Following the New Zealand Court of Appeal decision of Smith v Fonterra Co-operative Group Limited , Kennedys experts in New Zealand, Australia, the United Kingdom and United States provide a cross-jurisdictional review of the risk of this potential new tort also emerging in their respective countries.