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We consider the latest significant court decisions impacting claims arising from professional liability and financial lines policies and products.
We’re delighted to announce the promotion of 36 associates to senior associate, up from 22 last year. The senior associates are drawn from insurance and liability, healthcare, and commercial, including specialists in fraud, commercial litigation, real estate, aviation and regulatory law. 28 of those promoted are based in the UK, four in Australia, two in Denmark, one in the Middle East and one in our Lat Am and Caribbean practice in Miami.
Case review 16/07/2020
Proceedings stayed by Head of the TCC due to “unreasonable and oppressive behaviour” by the claimant
Kennedys’ contentious construction team recently succeeded in being granted a stay of proceedings and security for costs in the Technology and Construction Court on behalf of the defendant, Donald Insall Associates (DIA) in which DIA was represented by Paul Cowan of 4 New Square.
Case review 05/04/2019
Kennedys’ construction team recently succeeded in the enforcement of an adjudicator’s decision in the Technology and Construction Court on behalf of the claimant whereby Mrs Justice O’Farrell granted Summary Judgment in DIA’s favour despite several (unsuccessful) jurisdiction challenges from the defendant.
It is well known that the New Engineering Contracts suite of contracts produced by the Institution of Civil Engineers are traditionally a more collaborative contract, encouraging integration and active management of a construction project. This can be seen within the contract through the use of risk registers and early warning notices, utilised as prevention rather than cure to help avoid a project running into difficulties.