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Case review 05/08/2022
The case of Cossey v the Buccleuch Estates [27.07.22] concerns the assessment of medical causation in the face of a pursuer claiming to have suffered from life altering injuries as a result of falling into a manhole.
Case review 05/08/2022
On 30 June 2022, the District Court of Odense ruled in a case concerning an accident that took place in 2014 whereby the plaintiff and his colleague worked by an excavation, when it suddenly collapsed, and the colleague was partly buried. The plaintiff, who was located in an excavator and did not see the accident happen, claimed compensation from the employer due to the psychological symptoms he allegedly developed due to the accident. In its ruling, the District Court dismissed the plaintiff’s claim and acquitted the employer.
Article 03/08/2022
Issues surrounding qualified one-way costs shifting (QOCS) in multiple defendant cases notably found their way to the Court of Appeal back in 2018 with Cartwright v Venduct Engineering Ltd [2018].
Article 02/08/2022
Save for the various local authority trial zones where e-scooters are rented, insured and legal, their use beyond private properties is still illegal and uninsured. They are nonetheless an enormously popular mode of transport, and that popularity appears to be growing. Here we consider the current status of the trials, possible future regulation, and the potential risks for local authorities, offering our thoughts on how to mitigate against those risks.
Article 29/07/2022
Insureds may find themselves liable to pay a plaintiff’s attorney’s fees in various contexts, whether by virtue of a statute or contractual provision. If prevailing party attorney’s fees are awarded, a question arises as to whether the fees are covered by the liability insurer defending the suit.
Article 29/07/2022
Governor DeSantis signed Senate Bill 4D (“SB 4D”) relating to building safety into law on May 26, 2022, on the same day he signed Senate Bill 2D relating to property insurance. The bill was proposed and passed following the collapse of the Champlain Towers South condominium in Surfside, Florida in June 2021.
Article 26/07/2022
The Civil Justice Council Costs Working Group has been charged with taking a strategic and holistic look at costs, particularly given the ongoing transformation of civil justice into a digital justice system. As part of the review exercise, the group has launched a consultation that will remain open until 12pm on 30 September 2022. In this article, we look at the four areas covered by the consultation.
Article 25/07/2022
On 20 June 2022, the Scottish Government introduced the National Care Service (Scotland) Bill to the Scottish Parliament. The Health, Social Care and Sport Committee of the Scottish Parliament called on interested parties to submit responses to the published Bill on 8 July 2022, and the Committee will take those responses into account in their Stage One consideration.
Article 25/07/2022
In this roundup, we consider recent developments in the health and safety space, including the increasing appetite of regulators to prosecute for risk and an update on the new Office for Environmental Protection. In light of the new Building Safety Act 2022, we also consider what this legislation means from a regulatory perspective.
Article 21/07/2022
Caught in the throes of an unrelenting El Nino/La Nina cycle, the Climate Council has warned that the mounting cost of natural disasters could leave 1 in every 25 properties in Australia high risk and uninsurable by 2030. In this article we explore the costs of, possible responses to and exposure lines of insurance have to climate change.
