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Article 06/16/2021
Ofsted’s report following the rapid review of sexual harassment in schools and colleges in April 2021 was published on 10 June 2021. It identifies sexual harassment and abuse as part of daily life for many young people.
Article 06/16/2021
A liability insurer’s duty to defend a third-party lawsuit in Florida is triggered when the complaint against the insured alleges facts that potentially bring the action within the policy’s coverage grant. Like courts in other jurisdictions, Florida courts generally apply the eight corners rule that restricts the court’s analysis of the issue to the terms in the four corners of the policy and the allegations inside the four corners of the complaint.
Case review 06/15/2021
Last week, the Scottish Sheriff Appeal Court issued its opinion in the case of Danielle Weddle v Glasgow City Council, a case arising from the tragic Glasgow bin lorry accident in December 2014. The court restated that in a case of pure psychological injury, a primary victim must have a reasonable belief that they were in danger of physical harm.
Article 06/10/2021
Insurers facing increased exposure to Florida bad faith claims in recent years received some relief with the Eleventh Circuit Court of Appeals’ decision in Heather Eres v. Progressive American Insurance Co., No. 20-11006 (11th Cir. June 1, 2021). The Eleventh Circuit affirmed summary judgment for Progressive American Insurance Company. In doing so, the court found that Progressive did not act in bad faith toward its insured in attempting to settle Heather Eres’s bodily injury claim.
Article 06/08/2021
This year’s Queen’s Speech outlined the UK Government’s plan to 'level up' opportunities across all parts of the UK, supporting jobs, businesses and economic growth, and addressing the impact of the pandemic on public services.
Article 06/04/2021
A summary of key developments including the HMCTS court reform programme, the Northern Ireland personal injury discount rate, key CPR changes and practice direction updates, consultation on increasing the county court’s jurisdiction in Northern Ireland, and a political landscape roundup.
Article 06/04/2021
A roundup of recent court decisions raising issues relating to interpreting insurance policy exclusion clauses, Animals Act claims, “time work” for the purposes of the national minimum wage, tour operator liability for deliberate acts of suppliers’ employees and “substantial injustice” in fundamental dishonesty claims.
Case review 06/04/2021
Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for the Environment [27.05.21] - Valiant teenagers led by Sister Marie Brigid Arthur have successfully asserted climate duty where there was “nun” before - forgive the pun.
Article 06/03/2021
Recent High Court judgments in the social care sector provide helpful guidance to councils and their insurers responding to claims alleging ‘failure to remove’.
Case review 05/26/2021
DFX and others v Coventry City Council [24.05.21]: This judgment is the first consideration at High Court level of duty of care issues since Poole Borough Council v GN and another [2019] (CN and GN).
