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2022 personal injury forecast: trends and future risks
In this report, Kennedys experts highlight key legal and regulatory developments, and provide an overview of 12 topics to watch under four main topic groups which insurers and corporates should consider as they plan for operational resilience in the new financial year.
A new trend of employers’ liability claims for data breaches
Personal data is often referred to as the currency of the digital age. As such it is not surprising that there has been an increasing awareness around personal data sets and data protection rights in addition to a heightened cyber risk.
Case review 20/10/2021
Accidents abroad: Supreme Court provides clarification on the tort gateway
The Supreme Court has handed down its judgment on this tragic and long standing case - FS Cairo v Brownlie.
Proportionate reduction remedies in EL/PL claims – practical considerations
The Insurance Act 2015 came into force in August 2016, and introduced proportionate remedies which insurers can rely on in certain circumstances. An insurer can proportionately reduce the sum paid out on a claim, where an insured breached its duty of fair presentation of the risk, but its breach was neither deliberate or reckless, and the insurer would have still entered into the policy, but charged a higher premium.
Emerging A&H risks will transform the employment liability landscape
While England may be under a second lockdown, claims continue to emerge and develop, with some issues arising that employers and insurers should be aware of.
Case review 10/08/2020
Court of Appeal decision on jurisdiction: the tort gateway test and presumption of law
In a decision handed down on 29 July 2020 the Court of Appeal ruled on the continuing personal injury and dependency claim by Lady Christine Brownlie against Four Seasons entities.
The use of experts to assist with life expectancy
Life expectancy is a key factor in high value cases given its impact on multipliers. It is therefore unsurprising that over the last few years, clashes between parties on the issue of life expectancy experts has intensified.
Case review 24/01/2018
Tort gateway test reviewed by the Supreme Court in the context of injuries abroad
The Supreme Court held that the English courts had no jurisdiction to hear the claim against the defendant as the claimant was unable to establish that there was a ‘good arguable case’.
What insurers need to know about harassment claims
As the number of harassment claims increases, insurers should consider whether they're best covered under general liability policies or specialist employment policies.
Litigants in person: a growing problem for insurers
Litigants in person (LIP) are an increasing presence in the litigation landscape.