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Article 09/03/2023
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.
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Article 02/03/2023
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.
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Article 21/02/2023
Claims inflation - council considerations
Councils are the UK’s largest employer and deliver vital publicly funded government services. They are acutely impacted by a broad range of inflationary drivers against a backdrop of reduced budgets and a potential reduction in services and resources.
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Report 05/10/2022
Insurance: bracing for claims inflation
Rising inflation is a topic of increasing global concern. Similarly, excess claims inflation – that is, changes in the cost of claims beyond ordinary economic inflation - has become a priority for the insurance industry, requiring immediate consideration to ensure business resilience and adequate claims management.
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Article 18/08/2022
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.
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Article 26/07/2022
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.
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Report 13/07/2022
Rewriting the risk: Addressing the challenge of climate change
Our latest global report finds that the insurance industry has a central role in building wider understanding about climate-related risks and in mitigating against those risks.
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Article 20/06/2022
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.
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Blog 18/03/2022
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.
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Article 03/03/2022
Scottish Law Commission launches consultation on damages for personal injury
The Scottish Law Commission's 'Discussion Paper on Damages for Personal Injury' has been published and is open for comments until 15 June 2022.