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Report 30/01/2023
Insurance forecast 2023: claims trends and future risks
Drawing on our experience across various risks, this 2023 insurance forecast report highlights some of the key trends that we anticipate will shape the insurance agenda for 2023 and beyond.
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News 09/01/2023
Kennedys appointed to core Aviva UK GI claims legal panel following a strategic review
Aviva has announced the conclusion of the first comprehensive review of its defendant legal panel in 10 years.
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Article 06/01/2023
California's legislature provides new guidelines and requirements for time-limited demands
A new year inevitably brings changes to existing laws and “time-limited demands” are no exception. Parties and jurists use different names to refer to such demands, including “time limit demands,” “policy limit demands,” or “time-limited settlement offers.” They may also take the form of statutory “998 Offers to Compromise” pursuant to California Code of Civil Procedure § 998, which often seek a specific amount equal to the limits of an insurance policy.
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Article 20/12/2022
Towards a consumer-centred mental health system? An exploration of the Mental Health and Wellbeing Act 2022 (Vic)
On 6 September 2022, the Mental Health and Wellbeing Act 2022 (Vic) received Royal Assent. In this article we consider whether the Act has the capacity to deliver a fairer, more compassionate mental health system focussed on consumer recovery and support, a system which encourages a human rights-based culture to flourish.
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Article 16/12/2022
Hong Kong Medical Law Brief - December 2022 edition
Social media has become a powerful communication platform which enables the communication and distribution of information across the globe. However, its use also presents a number of risks. In this special edition, we consider the importance of regulation when social media is used in the healthcare context. In doing so, we consider the recent changes to the Code of Professional Conduct by the Medical Council which came into effect in October 2022 and the impact of changes relating to doctors’ dissemination of professional service information to the public and patients in social media and other media and share our observations.
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Article 16/12/2022
Recent Revision of Medical Council’s Code of Professional Conduct
The Medical Council of Hong Kong (the Medical Council) introduced a number of amendments to the Code of Professional Conduct published in January 2016 (the Code) with regard to doctors’ dissemination of professional service information (Relevant Information) to the public and patients, as well as unsolicited promotion of services. Such amendments recently came into effect in October 2022.
These amendments potentially increase the methods of disseminating Relevant Information (such as in social media) and unsolicited promotion of services, that will be subject to the Medical Council’s scrutiny. The amendments are likely to impact how doctors and medical practice groups communicate and the type of information they decide to communicate to the public and their patients. Awareness of these developments is therefore important for both doctors and insurers.
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Case review 16/12/2022
Hong Kong Court decision on unsuccessful application for specific discovery/ interrogatories
In this case the Hong Kong Court dismissed the defendants’ summons for (i) specific discovery of documents relating to the plaintiff’s earnings, and (ii) an Order that the plaintiff do file and serve her answers to the defendants’ interrogatories without order. The defendants were ordered to pay costs of the entire summons although they did not pursue the specific discovery application and abandoned part of their interrogatories as the Court found that the defendant’s requested documents and information were not necessary.
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Article 13/12/2022
Resolving practice disputes
Disputes arise even in the most successful medical practices, and often among partners or colleagues who have otherwise worked harmoniously. What can medical practices do to minimise the disruption caused by disputes?
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Article 12/12/2022
Personal Injury Brief: market insights December 2022
A summary of key developments including the key civil justice priorities for the Civil Justice Council and Ministry of Justice, the discount rate in England & Wales, fixed recoverable costs, and the Health and Safety Executive’s annual report.
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Article 12/12/2022
Personal Injury Brief: latest decisions December 2022
A roundup of recent court decisions raising issues relating to limitation defences in Scotland, the role of experts, the application of the Civil Liability (Contribution) Act 1978, and contracting out of fixed costs.