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Article 12-12-2022
A summary of key developments including the key civil justice priorities for the Civil Justice Council and Ministry of Justice, the discount rate in England & Wales, fixed recoverable costs, and the Health and Safety Executive’s annual report.
News 18-11-2022
November's publication of the 2022 Doyle's Guide directory covering all Australian states has seen Kennedys continue its ranking success.
Article 26-10-2022
On 16 September 2022, the Council of Appeal ruled in an occupational injury case in which the Council of Appeal were summoned by Kennedys on behalf of the occupational injury insurance company.
Article 28-09-2022
A summary of key developments including a political landscape roundup, an update on the Damages Claims Portal, the Civil Justice Council’s holistic costs consultation, and the Ministry of Justice’s proposals to increase the use of mediation in the civil justice system.
Article 28-09-2022
A roundup of recent court decisions raising issues relating to judicial discretion when considering Calderbank offers, the importance of experts remaining independent, building a strong evidential case, and the scale of expenses in low value claims.
Article 15-06-2022
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.
Article 01-06-2022
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.
Article 31-05-2022
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.
Case review 21-03-2022
A recent High Court ruling signalled another positive step for organisations, and their insurers, in whether they should be held vicariously liable when employees break the law. In Isma Ali v Luton Borough Council [2022], a case involving the leaking of sensitive personal data by a council employee, the judge concluded the local authority could not be held responsible for the actions of someone acting on a “frolic of their own”.
Article 15-03-2022
Recent cases suggest courts may be continuing to crack down more on unmeritorious claimants who pursue hopeless litigation. In October 2021’s PI Brief we referred to several judgements of HHJ Andrew Li (HHJ Li) where claimants and/or their solicitors were penalised with indemnity costs and/or wasted costs orders in pursuing a groundless claim. Since then, both the High Court and the District Court have readily taken a more robust approach against meritless claims.
