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Case review 07/23/2021
We previously considered this case in 2019, when the Court of Appeal found that liquidated and ascertained damages (LADs) could not apply to work that had never been completed, and would only apply to work that is accepted after a delay. Work that never completed was only to be assessed according to the usual principles of damages – and not the contractual mechanism for LADs.
Case review 07/23/2021
The Court of Protection held that Ms A’s wish for a natural birth was not in her best interests and due to an impairment or disturbance of her mind, she lacked capacity to weigh up the risks of a natural delivery against an elective caesarean section.
Article 07/23/2021
In this article, we consider the definition of Functional Neurological Disorder, how it is treated and what such a diagnosis means for personal injury claims handling.
Article 07/23/2021
On July 21, 2021, in Landry’s Inc. v. The Insurance Company of the State of PA, the Fifth Circuit ruled that a carrier had a duty to defend its insured under Coverage B (personal and advertising injury) of a CGL policy for a claim arising out of a data breach. The Fifth Circuit’s treatment of the meaning of “publication” was remarkable (a word we do not choose lightly). As a result, this case may have a significant impact on Coverage B, but not for the reasons many might suspect.
Case review 07/22/2021
In the case of Chouza v Martins & Ors [22.06.21] the High Court was asked to examine a number of principles in a fatal accident claim.
Article 07/21/2021
On 2 March 2021, the Victorian Government released the final report of the Royal Commission into Victoria’s Mental Health System. The Commission highlighted the strains on the mental health system and found that people obtaining mental health services ‘are not treated with dignity or respect and are not involved in making decisions about their own treatment, care and support’. It also found ‘an excessive use of restrictive practices and compulsory treatment’.
Article 07/21/2021
In this briefing, we consider some recent decisions addressing issues including jurisdiction disputes following wrongful arrest, conflict of terms within a sales contract, forum shopping to attempt to avoid the limits agreed in security provided, and implied terms within a charterparty.
Article 07/21/2021
Homeowners may soon have up to 15 years in which to bring certain actions against builders and developers.
Article 07/21/2021
In our briefing in May 2021, we advised that Lloyd’s had announced that it was considering whether to close its Salvage Arbitration Branch (LSAB) and thereby leave the future administration of its Standard Form Salvage Agreement and the ultimate survival of the Lloyd’s Open Form (LOF) in the balance.
Article 07/20/2021
Effective July 9, 2021, the City of New York’s Biometric Identifier Law went into effect. The law (i) prohibits the sale or exchange “for anything of value” of “biometric identifier information”, and (ii) requires “commercial establishments” that collect or store biometric identifier information to provide a “clear and conspicuous” notice of the collection at the establishment’s entrance to notify customers “in plain, simple language” of the collection.
