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Case review 05/03/2021
Fundamental dishonesty – when a claim has to fail
In this case, the claimant’s personal injury claim in excess of £50,000 was dismissed in its entirety, despite liability being admitted under Section 57 of the Criminal Justice and Courts Act 2015. Qualified one-way cost shifting was disapplied and the claimant was ordered to pay the defendant’s costs, minus the damages she would have received but for her dishonesty, as well as a previous indemnity costs order from 2018.
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Article 04/03/2021
COVID-19 vaccines and employers’ liability – a global approach
With many countries now vaccinating and looking to lift lockdowns, the question on everyone’s lips seems to be “can employers require their employees to vaccinate?”. In this article, our experts based in Denmark, the UK, US and India look to provide an answer from each of their respective jurisdictions, and thereafter forecast the potential COVID-19 employers’ liability claims we can expect to see in the future.
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Article 03/03/2021
The journey following a finding of fundamental dishonesty
Kennedys has secured a finding of fundamental dishonesty and subsequent custodial sentence following committal proceedings against a demolition worker after it was established that he lied about the circumstances of an accident when pursuing a claim against his employer.
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Case review 03/03/2021
Judgment in occupational injury case
On 25 February 2021, the Court in Viborg acquitted an employer of liability for a rollover accident with a forestry machine.
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Article 01/03/2021
Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021
For some growing up it is a rite of passage, for others it is a career they have always dreamed of, for yet others, it is the client facing part of a business they have built up. No matter the role, the service industry and, in particular, the retail industry is widely regarded as exceedingly demanding.
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Article 01/03/2021
Long-covid as an occupational disease
We first discussed the issue of long-covid in one of our webinars held during the first lockdown. At that time, we talked about how special clinics were being set up to help those suffering with ongoing symptoms. There are currently 69 clinics across England now offering specialist help.
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Article 01/03/2021
MoJ: Implementation date for whiplash reform programme set
Ian Davies, who leads our motor team, responds to publication of secondary legislation to introduce the whiplash reforms on 31 May.
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Article 01/03/2021
UK Government plans divergence from European Court of Justice decision in Vnuk
On 21 February 2021 the UK Government announced it will not be following the Court of Justice of the European Union (CJEU) decision in Vnuk v Zavarovalnica Triglav dd [2016], and so will not be extending compulsory motor insurance requirements to the use of a wider range of vehicles, including usage in areas where the public do not have access.
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Case review 24/02/2021
Fundamental dishonesty and exaggerating injuries: a cautionary tale
Robert Sudale v Cyril John Ltd: In this case, the claimant’s personal injury claim for damages was dismissed on the grounds of fundamental dishonesty. The judge found the claimant had pursued a claim relying upon a significant exaggeration of his symptoms.
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Article 23/02/2021
Brexit: the new status quo
The EU-UK Trade and Cooperation Agreement (TCA) provides the basis for further legal certainty to be agreed following the end of the transition period on 31 December 2020. It was, as we all saw, a fairly tortuous journey and securing a deal seemed impossible at times because both sides had very different aims in mind.