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Case review 15/09/2021
The Court of Appeal has handed down judgment in this interesting fatal accident claim which will have repercussions for Insurers and their claims portfolios, particularly those involving significant services (care) dependency claims.
California finds itself amid yet another ferocious wildfire season, with the Dixie blaze now holding the record for the second largest wildfire in the history of the state. As a combination of hotter and drier weather and failing electrical infrastructure are projected to continue to turn the state into a tinderbox ready to ignite during the warmer months, fire damage and smoke taint claims affecting property and large agricultural areas will remain on the rise for the foreseeable future.
A roundup of recent court decisions raising issues relating to fatal accident claims, tour operator liability, the law on primary victims in Scotland, and whether or not to plead fundamental dishonesty.
A summary of key developments including new guideline hourly rates, new rules coming into force on 1 October 2021, the Civil Justice Council’s interim report on the resolution of small claims, draft guidance on rehabilitation after traumatic injury, the UK Government’s response to the National Data Strategy consultation, and a political landscape roundup.
The UK’s National Institute for Health and Care Excellence recently published new draft guidance, focused on rehabilitation after traumatic injury. We review its implications for serious injury compensators, including the practical consequences for management and funding of private rehabilitation packages, and the adequacy of its recommendations in relation to healthcare technology or ‘healthtech’.
The Civil Justice Council’s final report on guideline hourly rates was published on 30 July 2021. Between September and November 2020, the working group collected data from the judiciary and the legal profession. The data was analysed by Professor Paul Fenn and Professor Neil Rickman and an Interim Report was published in January 2021.
Case review 29/07/2021
In this month’s Brief, we highlight several recent judgments where courts have accepted the defendants’ surveillance and expert evidence and awarded sums much lower than what has been claimed.
Since the decision of Master Davison in Mustard v Flower , there has been uncertainty in relation to the approach to the recording of neuropsychological assessments in the medico legal context.
In this article, we consider the definition of Functional Neurological Disorder, how it is treated and what such a diagnosis means for personal injury claims handling.
Kennedys is growing its London team with the hire of three partners from the BLM catastrophic injury team, Antony French, Anthony Rawlins and Deirdre Burgess. They will also be joined by six associates and a litigation assistant from BLM.