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Article 04/07/2021
The practicalities of responding to a ransomware attack
Ransomware attacks have become one of the biggest cyber threats to all organisations. In 2020 and 2021 there have been a spate of attacks targeting councils. The consequences can be catastrophic: systems down for days or sometimes weeks, scrambled files, and employees unable to carry out duties.
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Case review 03/17/2021
Court reaffirms principles of vicarious liability and their applicability to faith-based establishments
Trustees of the Barry Congregation of Jehovah's Witnesses v BXB [15.03.21] - In a unanimous decision, the Court of Appeal has reaffirmed the extended principles of vicarious liability as set out in Cox v Ministry of Justice [2016] and Mohamud v WM Morrison Supermarkets plc [2016] , despite the lack of a traditional employee/employer relationship.
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Case review 03/16/2021
The court’s approach to ‘failure to remove’ claims following Poole Borough Council v GN and another [2019]
This article considers the court’s application and interpretation of Poole Borough Council v GN and another [2019] (CN and GN) in a number of recent strike out decisions.
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Article 02/03/2021
The future of civil procedure?
In 2020 we saw both pandemic and non-pandemic related amendments to the Civil Procedural Rules (CPR) and a general shift in how personal injury cases are managed by both the courts and solicitors. Looking ahead to 2021, what further changes might we expect to reflect this new way of working?
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Case review 01/21/2021
Highway Authority win: the importance of proper case preparation
Nash v Hertfordshire County Council [30.11.20]: The underlying case concerned a claim for personal injuries and loss suffered by the claimant, who contended that swerving to avoid potholes on a rural access road in Hertfordshire, while navigating a bend, caused him to collide with a transit van.
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Article 01/21/2021
Retrofitting homes: how to minimise risk
On 27 June 2019, the UK became the first major economy to pass laws to end its contribution to global warming by 2050. This requires the UK to reduce all greenhouse gas emissions to net zero. Climate change has become a concern that can no longer be ignored so the UK’s implementation of international climate obligations is positive.
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Case review 01/14/2021
Court of Appeal clarifies the extent of the duty of care owed to hotel guests
Ohoud Al-Najar (by her litigation friend, Khadia Al-Mulla) and others v The Cumberland Hotel (London) Limited [18.12.20]: The appellants’ claim was advanced on the basis that the owner of the hotel had broken the duty “to take such care as in all the circumstances of the case was reasonable to see that [the Appellants] person and property were kept reasonably safe, whilst they were staying at the hotel”. Some 30 allegations of negligence were advanced against the hotel relating to the adequacy of security arrangements.
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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 11/02/2020
Personal Injury Brief: latest decisions November 2020
A roundup of recent court decisions raising issues relating to calculation of accommodation claims, uncontroverted expert evidence, withdrawal of admissions, the effect of liquidation and restoration on limitation periods, withdrawal of Part 36 offers, striking out of claims, and fundamental dishonesty.