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Article 17 mar 2023
Imminent changes to Qualified One-Way Cost Shifting: levelling the playing field
The UK Government has published its response to its consultation on changes to the Qualified One-Way Cost Shifting (QOCS) regime in personal injury cases, which was launched on 9 May 2022.
Report 16 mar 2023
Personal injury report 2023: trends and future risks
Our latest report highlights some of the key trends and future risks that we anticipate will shape the personal injury agenda for 2023 and beyond.
Article 14 mar 2023
What to expect if requested to give witness evidence at a Medical Practitioners Tribunal Service hearing
Witnesses of fact are a key part of hearings held by the Medical Practitioners Tribunal Service. A hearing which determines whether, or not, a doctor is fit to practise medicine. Here, we consider the process and what is expected of a witness asked to be involved in a MPTS hearing.
Article 9 mar 2023
Implications of shelving the autonomous transport bill
Following enactment of the Automated and Electric Vehicles Act 2018 - designed to ‘kick-start’ the move towards self-driving vehicles – detailed exploration by the Law Commission of England and Wales, and the Scottish Law Commission into the wider legal and regulatory framework required, followed. With the baton handed back to the UK Government by way of an extensive set of recommendations published in January last year, the announcement of the Transport Bill in May looked set to continue that recent momentum.
Article 9 mar 2023
Personal injury discount rate in England and Wales: exploring the options
In advance of the next formal review of the personal injury discount rate (PIDR) in England and Wales - which must begin by 15 July 2024 - the Ministry of Justice (MoJ) issued a call for evidence on 17 January 2023, seeking additional evidence and views on the introduction of dual or multiple rates.
Article 8 mar 2023
What’s left of VCAT’s construction dispute jurisdiction?
The Honourable Justice Delany of the Supreme Court of Victoria recently held that the Victorian Civil and Administrative Tribunal does not have jurisdiction to determine claims for contribution brought pursuant to the Wrongs Act 1958 (Vic). In this article, we provide an overview of the decision and insights on the potential implications for VCAT’s Building and Property List.
News 7 mar 2023
John Gibson joins Kennedys Motor Practice
Kennedys partner and head of motor, Ian Davies, has confirmed that John Gibson has joined the firm as a Legal Director. John will lead Kennedys’ offering in motor non-injury.
Article 2 mar 2023
New Pre-Action Protocol for RTA claims: Northern Ireland
On 6 February 2023, a new Pre-Action Protocol for Personal Injury and Damage Only RTA Action was introduced for such actions that are litigated in the County Court only. The Protocol introduces a number of changes, particularly on the exchange of information from the plaintiff to the defendant’s insurer in relation to personal injury and credit hire claims.
Article 1 mar 2023
Advancing innovative techniques for managing post-limb loss pain
The American Congress of Rehabilitation Medicine 2022 annual conference featured several limb loss or amputation-focused presentations. In this article, Partner, Stephen Foster, focuses on the latest techniques for managing phantom limb pain.
Article 1 mar 2023
Applications of telehealth post-pandemic
In this article, Legal Director, Andrew Purdie, reflects on the impact of the COVID-19 pandemic on the rehabilitation and treatment of patients at the 99th American Congress of Rehabilitation Medicine (ACRM) conference in Chicago.