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Case review 23/06/2022
In April, the High Court handed down its judgment in Kozarov v Victoria, an appeal that sheds light on an employer’s duty of care to prevent psychiatric injury to its employees. The Court reinstated the appellant’s first instance damages award of $435,000, and awarded costs in the appellant’s favour.
Article 23/06/2022
Five years on from the Grenfell Tower fire, the Building Safety Act 2022 is set to make major changes to the law and practice of the construction industry when it starts to come into force at the end of this month.
Article 20/06/2022
The Building Safety Act 2022 became an Act of Parliament on 28 April 2022, bringing with it the most wide-ranging changes to building safety that the UK has ever seen. We consider its impact on the insurance sector.
Article 20/06/2022
Insurers must continue to support climate change research and forecasting, as well as commit to sharing it for the common good. Extinction Rebellion’s protests outside Lloyd’s headquarters in April 2022 made headline news, highlighting the real demands that the insurance industry is facing to tackle climate change.
Article 16/06/2022
The Court of Appeal in Lendlease Engineering Pty Ltd v Owners Corporation No 1 [2022] VSCA 105 has unanimously allowed a builder’s appeal and confirmed that, under section 134 of the Building Act 1993 (Vic), the 10-year limitation period for a building action in respect of defective building work commences on the date an occupancy permit is first issued, not from when the final occupancy permit is issued.
Article 15/06/2022
Governor DeSantis signed Senate Bill 2D (“SB 2D”), relating to property insurance, and Senate Bill 4D (“SB 4D”), relating to building safety, into law on May 26, 2022. The bill, SB 2D, enacts pro-consumer measures to help alleviate rising insurance costs, increases insurance claim transparency, and cracks down on frivolous lawsuits which drive up costs for all Floridians. It amends certain prohibited advertisement practices for contractors, and reigns in property insurance bad faith litigation and litigation by assignees.
Case review 02/06/2022
In Guild Insurance Limited t/as Acerta v DH BI Pty Ltd, Ball J found in favour of the plaintiff and struck out the proportionate liability defence raised by the defendant. In granting the strike out, his Honour held that the defendant’s proportionate liability defence, which pleaded that its own lawyers owed a duty of care to both it and to its insurer, was bound to fail as a lawyers’ duty of care does not extend to its client’s insurer.
Case review 02/06/2022
The Victorian Court of Appeal refused leave to a former client to appeal a decision which found his former solicitors not liable for breach of contract or in negligence in ceasing to act on his behalf while he was overseas.
Article 25/05/2022
The law of prescription is set to change on 1 June 2022, when Sections 5 and 13 of the Prescription (Scotland) Act 2018 finally come into force.
Article 10/05/2022
In this briefing, we consider the latest court decisions raising issues for the Quincecare duty, contribution claims against counsel, non-disclosure of material facts, COVID-19 business interruption losses and aggregation of claims.
