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We are pleased to announce we have promoted 86 associates to senior associate and introduced a new legal director role, with 44 legal directors and 2 special counsel also promoted.
Civil claims with a European cross border element have been commonplace for years, whether as a result of accidents involving European drivers in the UK or UK nationals being involved in accidents in Europe. Those involved in the handling of the resultant claims will be well versed in the regime set out by Brussels I Recast Regulation and Rome II. There were some occasional exceptions to keep us on our toes but generally there was a logic as to where claims could be brought, whether an insurer could be sued directly and which law applied.
Kennedys acted in the defence of a catastrophic injury claim with significant cross-border quantum issues. Our involvement led to an eight figure saving in damages for our insurer client.
There is much speculation about the turbulence that might follow Brexit, whether on a deal or no-deal basis.
Technological and medical advancements are progressing to produce improved methods to prevent and detect sports-related concussions (SRC), which in turn present additional obligations in risk management.
Case review 28/02/2019
The question whether periodical payments by a 'passported' insurer are ‘reasonably secure’ pending the unknown future outcome of Brexit was considered in a recent case. The parties were agreed that the answer was in the affirmative, but the court had to satisfy itself when approving the settlement.
On 24 October 2018, the Chief Minister of the States of Jersey lodged the Draft Law, which deals with damages in high value injury claims, following concerns about the discount rate and periodical payment orders arising from an ongoing abuse case.
The UK is currently the only jurisdiction in the world using a discount rate model for compensating future losses that assumes a negative investment return.
Health outcomes as a result of head trauma injuries in former athletes has been in sharp focus in the US for some time.