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Case review 14/01/2021
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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Report 06/01/2021
COVID-19: what will it mean for the future of risk?
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.
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Article 22/12/2020
Australian workplace laws to criminalise workplace fatalities
In October 2020, as part of the continuing harmonisation of national work health and safety laws, Australian states and territories are introducing laws for industrial manslaughter, defining a workplace fatality as a criminal offence.
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Article 11/12/2020
Jurisdiction and governing law
With the Brexit transition period ending in a few weeks, it is an opportune time to provide a refresher on jurisdiction and governing law in civil and commercial matters within the EU.
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Article 11/12/2020
Jurisdiction and governing law – Rome II
Applied since 11 January 2009, Rome II allows parties to contractually agree a governing law for non-contractual obligations. It harmonises the rules by which the applicable law to non-contractual disputes is determined and brings greater legal certainty, in particular in cases of tort.
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Article 11/12/2020
Jurisdiction and governing law – Rome I
Rome I determines which national law should apply to contractual obligations in civil and commercial matters involving more than one country in the EU.
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Report 11/12/2020
Trends update for financial risks and professions
Today’s directors and officers have significant responsibilities not only in preserving company value and ensuring success in the future but also in responding diligently to political and environmental tensions, emerging technologies, changing regulation, and the need to promote diversity. The D&O landscape will continue to be challenging as we move into 2021.
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Article 09/12/2020
Employers’ responsibilities following the Self-Isolation Regulations
The Self-Isolation Regulations were implemented on 28 September 2020. They impose a mandatory ‘self-isolation’ period for those who test positive for COVID-19 and those who have had “close contact” with someone who tests positive for COVID-19. This period of self-isolation means that people should not leave their home or “other suitable place” for a set period of up to 14 days.
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Article 09/12/2020
‘COVID-secure’ workplaces: taking all reasonably practicable measures
The phrase ‘COVID-secure’ is one which we have become all too familiar with. It is a term regularly referred to in government announcements, news articles, business discussions and by regulators such as the Health and Safety Executive. In this article we consider on a practical basis what ‘COVID-secure’ actually means and what businesses are required to do to satisfy the regulators that their workplaces are ‘COVID-secure’.
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Article 09/12/2020
Health and safety roundup: December 2020
We have taken a look at some of the HSE focus areas and key developments emerging over recent months.