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Case review 12/04/2021
In this month’s brief, we highlight a case where Kennedys represented the successful defendant to defeat an alleged construction injury claim.
In a letter to stakeholders yesterday, the Department of Justice announced a significant development relating to the review of the personal injury discount rate in Northern Ireland.
We have advised that minimum safety standard for an autonomous vehicle (AV) should be above that of the “average” human driver as to do anything less than this is to risk public confidence in this emergent technology.
Case review 17/03/2021
‘Risky business’ – Does accepting a risk exclude a defendant from liability under the Occupiers Liability Act 1957?
In the case of The White Lion Hotel (A Partnership) v James [15.01.21], the Court of Appeal reconsidered the duties of an occupier to a lawful visitor under the Occupiers Liability Act 1957.
The leisure and hospitality sector, alongside the retail and aviation sectors, has been one of the sectors most affected during the last 12 months as a consequence of the national lockdowns. Operators have spent millions of pounds ensuring their premises are ‘COVID secure’, have traded when permitted under onerous restrictions, and anecdotally, the number of COVID-19 infections arising from such venues, appears relatively small.
The COVID-19 pandemic led to the closure of offices and resulted in millions of people having to work from home, with employers deploying their attention and energy to ensuring the safety of their workforce, whilst also striving to maintain their businesses.
Kennedys is targeting US expansion with the addition of three new partners in two of its East Coast offices. Eric Hiller is joining the firm’s Miami office, bringing with him three associates, while Joshua Mooney and Sean Mahoney join the Philadelphia office.
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.
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.