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Article 01/25/2021
The future of low value personal injury: CJC says no more reforms after the whiplash reforms
The Civil Justice Council (CJC) working group has published its recommendations on what further reforms could be introduced for low value injury (under £25,000) injury claims. With a focus on resolving meritorious claims more quickly and with the costs reduced, as well as preventing unmeritorious claims, the group concludes that once the pending ‘whiplash reforms’ have been implemented, there should be no further substantive reforms – not least until the detail of recent measures is clarified.
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Article 01/22/2021
Navigating the COVID-19 risk landscape
If 2020 was the year of the pandemic, then 2021 will be the year of the vaccine. The vaccination of millions of ‘at risk’ people against COVID-19 will finally place us firmly on the road to recovery. But this recovery will not be linear. As countries around the world go back into lockdown, we can expect many more bumps in the road.
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Article 12/17/2020
COVID-19, injury claims & floodgates - Insurance Post Claims & Fraud summit 2020
From the Insurance Post Claims and Fraud summit 2020, in this video James Shrimpton, Partner at Kennedys, focuses on the legal basis for Covid-19 infection claims, current medical research, the impact of the pandemic on other injury claims and whether we will see a flood of infection claims.
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Article 12/11/2020
The past, present and future: the pandemic’s impact on injury claims in England and Wales
As we reach the end of the year, we provide a short synopsis of what we have experienced whilst enduring the COVID-19 pandemic and offer some practical tips going forwards.
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News 11/27/2020
Kennedys celebrates 20 years in Hong Kong with office move
Kennedys is celebrating 20 years in Hong Kong, and is also moving to new offices.
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Article 11/24/2020
Emerging A&H risks will transform the employment liability landscape
While England may be under a second lockdown, claims continue to emerge and develop, with some issues arising that employers and insurers should be aware of.
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Article 11/19/2020
Occupational Disease Brief: latest decisions November 2020
A roundup of recent court decisions raising issues relating to a new test for what may constitute ‘de minimis’ exposure in mesothelioma claims, the application of limitation where a claimant applies to restore a dissolved defendant company for disease claims, and new changes to bereavement damages following the case of Smith v Lancashire Teaching Hospitals [2017]
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Article 11/09/2020
Acoustic shock – emerging risk?
Following the case of Goldscheider –v ROH (2019), acoustic shock cases are an emerging risk and there is a risk of a floodgate of similar claims.
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Article 11/06/2020
The deceptive wording of the HAVS legislation – an unaffordable risk for employers
In recent years, the Health and Safety Executive (HSE) have been hot on the heels of employers in prosecuting for breaches related to Hand Arm Vibration Syndrome (HAVS). These reported fines are increasing every year from £280,000 in 2016 to £0.5m in 2018. Last year a £0.6m fine was issued to Places for People Homes, a company owning and managing a large portfolio of properties.
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Article 11/02/2020
Personal Injury Brief market insights - November 2020
A summary of key developments including Ogden 8, bereavement damages for cohabitees, an update on consultation on the personal injury discount rate in Ireland and Northern Ireland, and the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill.