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Case review 26/05/2023
The High Court decision of X v The Transcription Agency (1) Master James (2) [09.05.2023] is the first detailed consideration of the scope of the judicial exemption to the right to access to personal data under the UK GDPR (General Data Protection Regulation) and Data Protection Act 2018 (the DPA 2018). As such, it is of interest to all data protection practitioners.
Article 26/05/2023
From 1 July 2023, medical practitioners who perform cosmetic surgery and procedures will be subject to updated guidelines developed by the Medical Board of Australia. In this article, our Kennedys healthcare experts discuss the significance of the new guidelines and what cosmetic surgeons need to know.
Article 26/05/2023
Parisians have voted overwhelmingly to ban rental e-scooters from the capital. The action has brought into sharp focus the approach the UK Government has taken and may now take.
Article 26/05/2023
On 22 May 2023 the Government published its response to the Final Report of the Independent Inquiry into Child Sexual Abuse (IICSA) in which it states it accepts the need to act on 19 of the 20 recommendations.
Article 26/05/2023
In the wake of COVID-19, litigators all across the United States are noticing an old, yet infrequently utilized, evidentiary tool emerge to address unexpected trial witness unavailability: the de bene esse deposition. A Latin legal term literally translated to “of well being,” the phrase refers to various acts which are conditional, provisional or anticipatory. De bene esse proceedings have been used in traditional English law (and in the London market) for hundreds of years; as far back as in the 1744 publication Equity Cases Abridged, the phrase was used to describe the deposition of a witness before trial in the Court of Chancery. In the context of American law, a proceeding de bene esse is one "which [is] taken ex parte or provisionally and [is] allowed to stand as well done for the present." See Black's Law Dictionary, 5th edition.
Article 26/05/2023
On March 24, 2023, Florida passed a sweeping tort reform bill into law, making major changes to civil litigation in the state. In anticipation of the Governor signing the bill into law, the number of new cases initiated throughout the state in March 2023 was 280,122. Of that amount, 71,000 came from Miami-Dade County (Miami) and 53,000 from Hillsborough County (Tampa). These numbers are staggering.
Case review 25/05/2023
In a judgment handed down in February 2023, the Court of Appeal upheld an appeal made by Tulip Trading Limited, against a first instance decision of the High Court, where the Defendants successfully brought an application challenging the court’s jurisdiction. In doing so, the Court of Appeal held that there is a serious issue to be tried as to whether developers owe fiduciary duties to bitcoin owners.
Article 25/05/2023
Last month, the Department for Levelling Up, Housing and Communities (DLUHC) laid the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023 (the regulations) before Parliament.
Article 25/05/2023
The fourth episode of the fourth series of Claims Apprentice, in association with Insurance Post, has launched and is now available to view.
Case review 23/05/2023
In a very recent decision, HH Judge Andrew Li of the District Court (Judge) has tightened control over adducing of expert medical evidence in personal injury (PI) cases, particularly those in the District Court. He observed that it was high time for the courts and practitioners not only to consider but to actually make wider use of a single joint expert (SJE) rather than respective medical experts appointed by opposing parties.
