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Case review 07/06/2023
To condone, or not to condone – fraud is the question …
Against a backdrop of increasing client account fraud, we consider the Commercial Court’s recent judgment on the meaning of “condoning” in the context of the fraud and dishonesty exclusion in a Solicitors’ Professional Indemnity Insurance policy.
Official Injury Claim and fraud – two years since launch
We are now two years since the launch of the Official Injury Claim (OIC). In this blog, we offer some further thoughts on the whiplash reforms, fraud risk in the OIC and the available data.
An in-depth look at changes impacting insurers arising from Florida's new tort reform act
On March 24, 2023, Florida passed a sweeping tort reform bill into law, making major changes to civil litigation in the state. In anticipation of the Governor signing the bill into law, the number of new cases initiated throughout the state in March 2023 was 280,122. Of that amount, 71,000 came from Miami-Dade County (Miami) and 53,000 from Hillsborough County (Tampa). These numbers are staggering.
De Bene Esse depositions: A trial testimony insurance policy
In the wake of COVID-19, litigators all across the United States are noticing an old, yet infrequently utilized, evidentiary tool emerge to address unexpected trial witness unavailability: the de bene esse deposition. A Latin legal term literally translated to “of well being,” the phrase refers to various acts which are conditional, provisional or anticipatory. De bene esse proceedings have been used in traditional English law (and in the London market) for hundreds of years; as far back as in the 1744 publication Equity Cases Abridged, the phrase was used to describe the deposition of a witness before trial in the Court of Chancery. In the context of American law, a proceeding de bene esse is one "which [is] taken ex parte or provisionally and [is] allowed to stand as well done for the present." See Black's Law Dictionary, 5th edition.
Case review 26/05/2023
High Court makes first decision on the ‘judicial exemption’ to subject access rights in UK GDPR and Data Protection Act 2018
The High Court decision of X v The Transcription Agency (1) Master James (2) [09.05.2023] is the first detailed consideration of the scope of the judicial exemption to the right to access to personal data under the UK GDPR (General Data Protection Regulation) and Data Protection Act 2018 (the DPA 2018). As such, it is of interest to all data protection practitioners.
The implications of the new guidelines on medical practitioners who perform cosmetic surgery and procedures
From 1 July 2023, medical practitioners who perform cosmetic surgery and procedures will be subject to updated guidelines developed by the Medical Board of Australia. In this article, our Kennedys healthcare experts discuss the significance of the new guidelines and what cosmetic surgeons need to know.
Case review 25/05/2023
Do software developers owe fiduciary duties to bitcoin owners? Court of Appeal considers there is a serious issue to be tried
In a judgment handed down in February 2023, the Court of Appeal upheld an appeal made by Tulip Trading Limited, against a first instance decision of the High Court, where the Defendants successfully brought an application challenging the court’s jurisdiction. In doing so, the Court of Appeal held that there is a serious issue to be tried as to whether developers owe fiduciary duties to bitcoin owners.
The building safety saga continues – new regulations to encourage responsible behaviour in the construction sector
Last month, the Department for Levelling Up, Housing and Communities (DLUHC) laid the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023 (the regulations) before Parliament.
Life sciences report 2023: trends and future risks
This report highlights key legal and regulatory developments in the UK and the EU – and the related liability risks. Our experts also shine a spotlight on a number of priority topics for life sciences businesses, and their insurers, to consider as they plan for operational resilience in the months ahead.
Hong Kong Regulatory Insurance Update April 2023
In this April 2023 edition of Regulatory Insurance Update, the Hong Kong Corporate & Commercial Team provide the latest updates relating to the law and regulations, developments, and news in the insurance industry in Hong Kong.