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Article 25 jan 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.
Article 22 jan 2021
If 2020 was the year of the pandemic, then 2021 will be the year of the vaccine. The vaccination of millions of ‘at risk’ people against COVID-19 will finally place us firmly on the road to recovery. But this recovery will not be linear. As countries around the world go back into lockdown, we can expect many more bumps in the road.
Case review 21 jan 2021
Nash v Hertfordshire County Council [30.11.20]: The underlying case concerned a claim for personal injuries and loss suffered by the claimant, who contended that swerving to avoid potholes on a rural access road in Hertfordshire, while navigating a bend, caused him to collide with a transit van.
Article 19 jan 2021
The European regime generally applied in matters where the defendant was domiciled in one of the Member states of the European Union. The United Kingdom withdrew from the EU at 23:00 on 31 December 2020 which means Brussels I Recast (Regulation (EU) No 1215/2012) and Lugano Convention 2007 no longer apply.
Article 19 jan 2021
Until and unless the European Commission confirms the UK’s continued participation in the Green Card Free Circulation Area (GCFCA), from 1 January 2021 all UK based motorists will need to be issued with a ‘green card’ when driving abroad in any of the 30 European Economic Area (EEA) countries, as well as in Andorra, Bosnia and Herzegovina, Serbia and Switzerland.
Article 19 jan 2021
The Fourth Motor Insurance Directive required European Community nationals living outside the home country of the defendant motorist to have the right to sue the motor insurer directly. The benefits for the claimant were that is was often much easier to identify and serve proceedings on the insurer than to find the driver; and a judgment can be enforced directly against the insurer.
Article 19 jan 2021
Civil claims with a European cross border element have been commonplace for years, whether as a result of accidents involving European drivers in the UK or UK nationals being involved in accidents in Europe. Those involved in the handling of the resultant claims will be well versed in the regime set out by Brussels I Recast Regulation and Rome II. There were some occasional exceptions to keep us on our toes but generally there was a logic as to where claims could be brought, whether an insurer could be sued directly and which law applied.
News 19 jan 2021
Kennedys has appointed partner Sarah-Jane Dobson to its growing international products law practice. Sarah-Jane, who joins from Cooley LLP and will be based in Kennedy’s London office, specialises in litigation and regulatory matters relating to product safety, product compliance and product liability.
Case review 14 jan 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.
News 13 jan 2021
Kennedys continues to grow in 2021, with the acquisition of Langleys’ insurance team. This sees Kennedys opening an office in Leeds, our 12th in the UK and 42nd globally. The new office will be headed up by David Thompson formerly Managing Partner and Head of Insurance at Langleys.
