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Article 06/01/2023
A new year inevitably brings changes to existing laws and “time-limited demands” are no exception. Parties and jurists use different names to refer to such demands, including “time limit demands,” “policy limit demands,” or “time-limited settlement offers.” They may also take the form of statutory “998 Offers to Compromise” pursuant to California Code of Civil Procedure § 998, which often seek a specific amount equal to the limits of an insurance policy.
Article 20/12/2022
On 6 September 2022, the Mental Health and Wellbeing Act 2022 (Vic) received Royal Assent. In this article we consider whether the Act has the capacity to deliver a fairer, more compassionate mental health system focussed on consumer recovery and support, a system which encourages a human rights-based culture to flourish.
Article 12/12/2022
A summary of key developments including the key civil justice priorities for the Civil Justice Council and Ministry of Justice, the discount rate in England & Wales, fixed recoverable costs, and the Health and Safety Executive’s annual report.
Article 12/12/2022
A roundup of recent court decisions raising issues relating to limitation defences in Scotland, the role of experts, the application of the Civil Liability (Contribution) Act 1978, and contracting out of fixed costs.
Article 05/12/2022
The provision of immunotherapy treatment has been an ongoing issue in the context of asbestos claims for a number of years. This is a rapidly developing area with new treatments constantly coming to the market.
Article 05/12/2022
Against the background of the cost of living crisis, we explore employers’ legal duty to protect employees from stress at work, and the Health and Safety Executive’s recommendations for recognising and supporting employees.
Case review 29/11/2022
A judgment of the Court of Session has considered changes to limitation introduced by the Limitation (Childhood Abuse) (Scotland) Act 2017. In this case, the defender failed on appeal to sustain defences in terms of section 17D of the Prescription and Limitation (Scotland) Act 1973.
Article 29/11/2022
The UK Online Safety Bill is seen as one of the most far-reaching attempts to date to regulate online content. The Bill aims to deliver the UK Government’s manifesto commitment to make the UK the safest place in the world to be online while also defending freedom of speech.
Article 24/11/2022
In this article we explore a recent decision of the Victorian Civil and Administrative Tribunal, which serves as a reminder of the importance of confidentiality in the doctor-patient relationship and the situations in which the disclosure of patient health information is prohibited.
Article 23/11/2022
The Adult Survivors Act[1] (“ASA”), a law recently signed by New York Governor Kathy Hochul, will go into effect on November 24, 2022 and provide a one-year window for individuals who were 18 or older at the time of the offense to file suit for previously time-barred sexual offense claims, regardless of when the alleged act occurred. The ASA will impact any entity that regularly interacts with adults in any capacity; thus, a significant influx of claims and lawsuits is anticipated.
