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Kennedys Launches Focus on Fostering Innovation
Today, we launch our focus on innovation, a thought leadership series with seminars, research articles, and reports which will run throughout March, to highlight innovation at Kennedys, and across the wider insurance and legal industries.
Arbitrable or Arbitrary? The Impact of Sanctions on International Arbitration
In this article, we consider some of the risks arising from sanctions in the context of international arbitration.
The Representative Actions for the Protection of the Collective Interests of Consumers Bill 2022: the introduction of class actions to Ireland
The EU Representative Actions Directive (EU) 2020/1828 is to be transposed into Irish law by 25 December 2022, with effect from June 2023. The Directive aims to improve consumers’ access to justice by introducing a standardised EU wide legal mechanism by which consumers, who are affected by the same alleged infringements of EU law, can bring a representative action.
Case review 27/07/2022
English Court allows service of proceedings by blockchain technology using a non-fungible token (NFT)
The High Court of England and Wales has embraced blockchain technology and held that a party can use a non-fungible token (NFT) to serve proceedings on an anonymous defendant in an action to recover stolen cryptocurrency. This decision opens up the possibility of using distributed ledger technology as a method of service of other legal proceedings.
Holistic costs review launched by the Civil Justice Council
The Civil Justice Council Costs Working Group has been charged with taking a strategic and holistic look at costs, particularly given the ongoing transformation of civil justice into a digital justice system. As part of the review exercise, the group has launched a consultation that will remain open until 12pm on 30 September 2022. In this article, we look at the four areas covered by the consultation.
Reforming QOCS: Kennedys welcomes proposals to even the playing field
The UK Government is proposing changes to the Qualified One-way Costs Shifting (QOCS) regime to ensure the extension of fixed recoverable costs (FRC) does not exacerbate existing issues with QOCS flowing from recent case law.
Damages Claims Portal: an update for defendants
On 31 May 2022, HM Courts and Tribunals Service confirmed that changes to the Civil Procedure Rules requiring defendant legal representatives to use the Damages Claims Portal from 2 June 2022 has been postponed.
Dispute resolution in England and Wales: the full power of technology yet to be unlocked
On 29 March 2022, the Ministry of Justice (MoJ) published its summary of responses to Dispute resolution in England and Wales: call for evidence, which sought insights on how disputes might be best settled out of court. In this article, we explore a number of interesting themes arising out of the report.
Damages Claims Portal: mandatory for defendants from 2 June 2022
In May 2021, HM Courts & Tribunals Service (HMCTS) launched a Damages Claims Portal pilot scheme (DCP), a digital scheme for the issuing and initial progression of litigation in certain claims. On 4 April 2022, the DCP became mandatory for all claimant legal representatives dealing with claims in the County Court which come within the scope of PD 51ZB. The DCP is set to become mandatory for defendants from 2 June 2022.
European Commission publishes long awaited proposals for a Directive on Corporate Sustainability Due Diligence
On 23 February 2022, the European Commission published its proposals for a Directive 2022/0051 on Corporate Sustainability Due Diligence. This provides a pathway for companies to implement the necessary due diligence procedures to enable them to better identify, prevent, mitigate and bring to an end adverse impacts of their activities on human rights and on the environment.