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In this briefing, we consider the latest court decisions raising issues for the Quincecare duty, contribution claims against counsel, non-disclosure of material facts, COVID-19 business interruption losses and aggregation of claims.
Case review 09/05/2022
In Page v Kidd & Spoor Harper Solicitors, Kennedys successfully defended an appeal against a grant of summary judgment on the basis that the claim was statute barred under s14B Limitation Act 1980.
From the wildfires sweeping across the United States, to the torrential rain and flooding which has devastated parts of Japan, never have we as a society been more aware of climate change. Here, we look at the impact of rising claims and the insurance industry's response in mitigating climate change risk.
Case review 16/03/2022
“Professional Services” exclusion engaged and not confined to claims made by recipient of the professional services
In Liberty Mutual Insurance Company, Australia Branch v SunWater Ltd, the Supreme Court of NSW found that the insurer was not liable to indemnify the insured due to the enlivened professional services exclusion.
There is now a new, hard deadline of 1 September 2022 for registration of certain classes of trust under the Trust Registration Service. This article provides a brief summary of the Trust Registration Service's obligations, the relevant time periods and recaps on potential risk issues for private client professionals across multiple disciplines.
Our global liability and defence group brief, Navigating the global liability defence agenda, was created with our clients in mind. With our legal footprint spanning across 24 countries, our lawyers have first-hand knowledge of global issues impacting our clients. We wanted to provide a snapshot of interesting legal issues we are seeing and share some takeaways we expect will resonate cross jurisdictionally.
This article aims to provide a general framework for personal jurisdiction jurisprudence in the United States and an overview of the issues foreign companies may run into when defending against legal actions in the United States.
The first two months of 2022 have seen a rapid series of interventions from the UK Government addressing the cladding and building safety crisis. We summarise some of these key developments and assess their impact in the medium-term for the UK construction insurance market.
The Grenfell disaster took place on 14 June 2017 and consequently has led to a significant amount of litigation between developers, contractors and professionals. Following the recent government intervention, and proposed amendments to the Defective Premises Act, we expect cladding claims to be pursued more determinedly by developers in the coming year.
On 15 November 2021, the Civil Justice Council (CJC) published an interim report for consultation on the subject of pre-action protocols (PAPs). Following the conclusion of the consultation on 21 January 2022, the CJC Working Group will draft a final report for consideration by the Civil Justice Council, likely in the Spring of 2022.