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Article 05/13/2022
Following the recommendation of the Independent Inquiry into Child Sexual Abuse, a new sub-category of psychiatric injury has been included within the sixteenth edition of the Judicial College Guidelines. In this article, we explore this new section of the Guidelines and consider whether the courts in Scotland are likely to adopt these new figures in a manner which may bring awards for damages closer to those in England and Wales.
Article 03/24/2022
A roundup of recent court decisions raising issues relating to driving at an excessive speed, vicarious liability, judicial consideration of claims under the Human Rights Act in relation to ‘failure to remove’ cases, fundamental dishonesty in the context of failing to volunteer information, the Brussels Recast Regulation, and Animals Act claims.
Article 02/22/2022
With the #MeToo movement sparking a global discussion on sexual harassment and gender inequality, a key question became whether Australia’s legal and regulatory systems were fit for purpose, particularly in preventing and responding to workplace sexual harassment.
Case review 01/28/2022
Following a number of first instance decisions last year which focused predominantly on assumption of responsibility, this case now provides some welcomed clarity around other possible exceptions when dealing with duty of care issues.
Case review 01/28/2022
This case provides detailed judicial consideration of the possible resulting claims under the Human Rights Act 1998. Whilst briefly considered in the case of DFX and others v Coventry City Council [2021], when Lambert J found that the claimant’s inability to prove a breach of duty in negligence caused the claim under the HRA to likewise fail, she did not consider the issues any further.
News 01/05/2022
We’re delighted to announce that our London office is to move into London’s iconic Walkie-Talkie building as part of a major workplace transformation programme.
News 11/10/2021
Kennedys is recognised as a top-band firm in the latest guide to leading law firms and lawyers across the UK.
Case review 09/17/2021
Issues of limitation and vicarious liability in relation to sexual abuse claims have been re-examined by the Court of Appeal in Blackpool Football Club Limited v DSN.
Article 08/25/2021
Sexual abuse and molestation lawsuits are tragically commonplace on court dockets throughout the country. While the perpetrators of abuse face significant criminal liability, it is often other individuals and entities that allegedly employed, supervised, regulated, or otherwise had a relationship with the perpetrator that find themselves entrenched in civil litigation commenced by survivors. Against this landscape, the applicable duty of care of an organization to prevent or protect against harm caused by a third-party perpetrator is a particularly significant inquiry.
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.
