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Article 25/01/2021
The Civil Justice Council (CJC) working group has published its recommendations on what further reforms could be introduced for low value injury (under £25,000) injury claims. With a focus on resolving meritorious claims more quickly and with the costs reduced, as well as preventing unmeritorious claims, the group concludes that once the pending ‘whiplash reforms’ have been implemented, there should be no further substantive reforms – not least until the detail of recent measures is clarified.
Case review 14/01/2021
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.
Article 17/12/2020
From the Insurance Post Claims and Fraud summit 2020, in this video James Shrimpton, Partner at Kennedys, focuses on the legal basis for Covid-19 infection claims, current medical research, the impact of the pandemic on other injury claims and whether we will see a flood of infection claims.
News 27/11/2020
Kennedys is celebrating 20 years in Hong Kong, and is also moving to new offices.
Article 02/11/2020
A summary of key developments including Ogden 8, bereavement damages for cohabitees, an update on consultation on the personal injury discount rate in Ireland and Northern Ireland, and the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill.
Article 02/11/2020
A roundup of recent court decisions raising issues relating to calculation of accommodation claims, uncontroverted expert evidence, withdrawal of admissions, the effect of liquidation and restoration on limitation periods, withdrawal of Part 36 offers, striking out of claims, and fundamental dishonesty.
News 02/11/2020
Kennedys has announced that partners Victoria Clucas and Bill Evans have moved from London to Dubai as part of the firm’s plans to strengthen its capabilities across the Gulf and Middle East region.
News 27/10/2020
Kennedys is warning the Government that it has a number of obstacles to overcome if the UK is to realise its ambition to be at the forefront of emerging autonomous vehicle technology.
Article 22/10/2020
In Scotland, the introduction of Qualified One Way Costs Shifting (QOCS) together with the economic downturn resulting from the COVID-19 pandemic, has arguably created fertile ground for an increase in fabricated, misrepresented and exaggerated claims. Ongoing vigilance is therefore vital.
Article 16/10/2020
There is a wealth of data generated by electronic devices or apps that the Civil Procedure Rules (CPR) permit disclosure of, but in reality it is often overlooked by both parties in litigation. Rule 31.5 and the Practice Direction to Part 31 of the CPR permit disclosure of electronic documents.
