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Report 01/30/2023
Drawing on our experience across various risks, this 2023 insurance forecast report highlights some of the key trends that we anticipate will shape the insurance agenda for 2023 and beyond.
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.
Article 12/05/2022
Against the background of the cost of living crisis, we explore employers’ legal duty to protect employees from stress at work, and the Health and Safety Executive’s recommendations for recognising and supporting employees.
Article 10/26/2022
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 10/17/2022
In this article, which was originally published in the Law Institute Journal, we explore a recent High Court case which considered the duty of care on law firms for lawyers exposed to vicarious trauma and the measures law firms need to implement.
Article 10/04/2022
In this article our employment experts discuss the focus of the Australian Government’s reform agenda following the recent Jobs and Skills Summit and what the pledges mean for employers.
Article 09/28/2022
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 09/28/2022
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.
Case review 09/21/2022
In a recent High Court judgment of Sit Ka Chun v. Wing Wong Scaffolding Ltd & Others (HCPI 144/2020, 15 June 2022), Master Alexander Tang refused to accept the Plaintiff’s case on the extent of injuries in a construction injury claim and awarded around 1/10 of his pleaded claim. The Court also clarified several important principles of adverse inference for not calling witness at trial. Kennedys acted for the successful Defendants and have recovered substantial costs on an indemnity basis at enhanced interest rate on the strength of the Sanctioned Payments by the Defendants.
Case review 09/21/2022
In a recent decision that particularly affects workers in the gig economy, the Fair Work Commission found that a Deliveroo rider was an independent contractor, and not an employee. The decision is a reminder to employers that comprehensive, written agreements assist significantly in the proper characterisation of worker relationships. In this article we review the decision and provide some key takeaways for employers.
