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Case review 19 jan 2023
Clarity provided on test for "unusual and unexpected" event under Montreal Convention
High Court of England and Wales provides clarification on the test to be applied in determining whether an event resulting in bodily injury during carriage by air amounts to an accident within the meaning of the Montreal Convention 1999.
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Article 2 ago 2022
Guidelines on key compliance requirements for the Personal Data Protection Act in Thailand
After several years of delays the Personal Data Protection Act B.E. 2562 (2019) ("PDPA") came into force in Thailand on 1 June 2022. Since then, on 20 June 2022, subordinate legislation (the "Notifications") under the PDPA was issued by the Personal Data Protection Committee ("PDPC") and published in the Royal Thai Government Gazette.
These Notifications are intended to set out the various criteria and rules, as well as much needed guidance and clarification, of some key requirements under the PDPA.
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Report 16 mar 2022
2022 marine, aviation and logistics forecast: trends and future risks
In this report, Kennedys experts explore key legal and regulatory developments, and provide an overview of the business critical topics which marine and aviation insurers should consider as they plan for operational resilience in 2022.
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Case review 5 ago 2021
Can a “hard” landing, within an aircraft’s normal operating parameters, constitute an accident under the Montreal Convention?
A Court of Justice of the European Union decision issued on 12 May 2021 concerned a claim brought by a passenger alleging she sustained a spinal disc injury following an allegedly “hard” landing of an Alternrhein Lufttfarht GnbH flight from Vienna, Austria to St Gallen/Altenrhein airport, Switzerland.
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Article 4 mai 2021
UK Air Traffic Management and Unmanned Aircraft Act 2021: update for drone users and insurers
The Air Traffic Management and Unmanned Aircraft Bill was introduced on 31 December 2020 and, having enjoyed swift progress through parliament, received Royal Assent and became an Act of Parliament on 29 April.
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Article 30 abr 2021
Birdseye view of drones – Part 2: The small print, the key issues
Further to our earlier article on the impact of drones on the real estate sector, we consider the red tape surrounded by the use of drones and the wider implications on operators and pilots.
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Article 21 dez 2020
Global distribution of a COVID-19 vaccine: aviation’s mission of the century?
Almost one year on from the first reported case of the novel coronavirus in the Wuhan province of China, pensioner Margaret Keenan and intensive care unit nurse Sandra Lindsay, have now received the first vaccines in the UK and US respectively.
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Article 9 dez 2020
Lessor beware – Australian Federal Court rules on repossession remedy under Cape Town Convention
As airlines continue to weather the pandemic storm, lessors are bracing themselves for an increasingly difficult landscape. In an appeal decision emanating from Australia last month, the Federal Court in New South Wales, handed down a decision that will weigh heavily on global decision-makers at banks and lessors.
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Article 1 dez 2020
Climate change: aviation, carbon neutrality and the potential impact on the insurance market
After 197 countries signed the Paris Agreement in 2015, there has been a call for industries to solidify proposals to tackle climate change. Additionally, the onset of the COVID-19 pandemic has amplified the effects that these industries have had on the environment.
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Case review 29 out 2020
Come fly with me, let's fly, let's fly away - to ‘give possession’ does not include flying aircraft engines home
In VB Leaseco Pty Ltd (Administrators Appointed) v Wells Fargo Trust Company, National Association (trustee) [2020] FCAFC 168, the Full Federal Court of Australia has overturned a first instance decision requiring Virgin’s Administrations to redeliver leased aircraft engines to Florida.