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Article 01/25/2021
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.
Article 01/19/2021
The European regime generally applied in matters where the defendant was domiciled in one of the Member states of the European Union. The United Kingdom withdrew from the EU at 23:00 on 31 December 2020 which means Brussels I Recast (Regulation (EU) No 1215/2012) and Lugano Convention 2007 no longer apply.
Article 01/19/2021
Until and unless the European Commission confirms the UK’s continued participation in the Green Card Free Circulation Area (GCFCA), from 1 January 2021 all UK based motorists will need to be issued with a ‘green card’ when driving abroad in any of the 30 European Economic Area (EEA) countries, as well as in Andorra, Bosnia and Herzegovina, Serbia and Switzerland.
Article 01/19/2021
The Fourth Motor Insurance Directive required European Community nationals living outside the home country of the defendant motorist to have the right to sue the motor insurer directly. The benefits for the claimant were that is was often much easier to identify and serve proceedings on the insurer than to find the driver; and a judgment can be enforced directly against the insurer.
Article 01/19/2021
Civil claims with a European cross border element have been commonplace for years, whether as a result of accidents involving European drivers in the UK or UK nationals being involved in accidents in Europe. Those involved in the handling of the resultant claims will be well versed in the regime set out by Brussels I Recast Regulation and Rome II. There were some occasional exceptions to keep us on our toes but generally there was a logic as to where claims could be brought, whether an insurer could be sued directly and which law applied.
Article 01/11/2021
In a statement made today, the Lord Chancellor and Secretary of State for Justice has confirmed that implementation of the Whiplash Reform Programme has been pushed back to May 2021.
Report 01/06/2021
Our research identified five key risk themes that have implications and represent both challenges and opportunities for businesses, insurers, and wider society. This will assist in moving the conversation forward as we look beyond COVID-19, highlighting the important need to reshape the dynamic relationship between companies, households, and insurers.
News 11/27/2020
Kennedys is celebrating 20 years in Hong Kong, and is also moving to new offices.
Case review 11/24/2020
Diriye v Bojaj [04.11.2020] - The outcome of this Court of Appeal case clearly highlights the need for claimants to properly set out and prove an assertion of impecuniosity where credit hire charges are pleaded.
News 10/27/2020
Kennedys is warning the Government that it has a number of obstacles to overcome if the UK is to realise its ambition to be at the forefront of emerging autonomous vehicle technology.
