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Case review 23 mai 2023
In a very recent decision, HH Judge Andrew Li of the District Court (Judge) has tightened control over adducing of expert medical evidence in personal injury (PI) cases, particularly those in the District Court. He observed that it was high time for the courts and practitioners not only to consider but to actually make wider use of a single joint expert (SJE) rather than respective medical experts appointed by opposing parties.
Article 16 mai 2023
Last year, the Civil Justice Council Costs Working Group was charged with taking a "strategic and holistic look at costs, particularly given the ongoing transformation of civil justice into a digital justice system". On 10 May 2023, the Working Group published its final report and recommendations, offering an insight into the likely direction of travel for costs in civil claims. In this article, we provide an overview of the responses to the consultation and the recommendations put forward.
News 12 mai 2023
Kennedys has promoted liability claims specialist Emily Unger to the Australian partnership.
Article 12 mai 2023
The Terrorism (Protection of Premises) Bill, also known as the ‘Protect Duty’ or ‘Martyn’s Law’, aims to keep people safe from terrorist attacks by introducing proportionate security requirements for certain public venues.
Case review 11 abr 2023
The County Court of Victoria has affirmed that the duty of care owed to plaintiffs in personal injury actions is not a guarantee of safety. Even with reasonable care, bad things sometimes happen to good people.
Article 23 mar 2023
In a robust decision handed down recently, HH Judge Andrew Li of the District Court (Judge) said “this is by far the worst case I have come across in my 10 years sitting on the bench” and that “such appalling conduct on the part of an officer of the court must be stopped in our profession, in particular in [Personal Injury] litigation.”
Article 12 dez 2022
A summary of key developments including the key civil justice priorities for the Civil Justice Council and Ministry of Justice, the discount rate in England & Wales, fixed recoverable costs, and the Health and Safety Executive’s annual report.
Article 26 out 2022
On 16 September 2022, the Council of Appeal ruled in an occupational injury case in which the Council of Appeal were summoned by Kennedys on behalf of the occupational injury insurance company.
Article 28 set 2022
A summary of key developments including a political landscape roundup, an update on the Damages Claims Portal, the Civil Justice Council’s holistic costs consultation, and the Ministry of Justice’s proposals to increase the use of mediation in the civil justice system.
Article 28 set 2022
A roundup of recent court decisions raising issues relating to judicial discretion when considering Calderbank offers, the importance of experts remaining independent, building a strong evidential case, and the scale of expenses in low value claims.
