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Case review 01/10/2020
Holmes v S&B Concrete Ltd [20.08.20], considered (in the context of a noise induced hearing loss action) whether the limitation period was suspended when a company was wound up.
Case review 30/09/2020
In this case, J v A South Wales Local Authority [14.09.20], the claimant successfully appealed a decision in which permission had been granted to resile from admissions.
Aside from the horrific cost to life of the COVID-19 pandemic, the economic cost is widely acknowledged to mean a serious recession, the likes of which have not been seen in modern times. No one is immune to its effects and insurers are no different.
For insurers, the most impactful element of defamation law reforms is the clarification of the cap for damages for non-economic loss. In a timely judgment, Gibson DCJ has provided a useful analysis of two issues that remain unsettled, despite the reforms, in relation to damages in defamation claims.
Case review 21/09/2020
The intricacies of Part 36 have been further illustrated by the judgment in this High Court case (Blackpool Borough Council v Volkerfitzpatrick Limited), where the court was asked to consider the impact of a withdrawn Part 36 offer and how the ‘reasonableness’ of rejecting such an offer should influence the liability for costs.
Case review 15/09/2020
In Salih v Emirates  NSWCA 215, the NSW Court of Appeal has denied an application for leave to appeal (the Application) made by a passenger, Mrs Salih (the Plaintiff), who was injured when an overhead compartment landed on her thumb during an international flight.
Much has been learnt from the recent operational response to COVID-19 in terms of the way in which different healthcare providers have responded to the pandemic at short notice.
The Australian arm of global insurance and litigation law firm Kennedys today announced the promotion of 10 lawyers to new senior roles, in the largest-ever group of promotions for the firm in Australia in a single year.
Case review 27/08/2020
In a decision that grabbed a number of headlines, The Court of Appeal has significantly reduced an award of whiplash damages, highlighting the importance of the appropriate reference to the Book of Quantum by the judiciary and practitioners alike.
Kennedys has urged the Irish Government to change the way the personal injury discount rate is calculated to reflect what injured people actually do with their compensation in real life.