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Hong Kong Personal Injury Brief - March 2023 edition
In a robust decision handed down recently, HH Judge Andrew Li of the District Court (Judge) said “this is by far the worst case I have come across in my 10 years sitting on the bench” and that “such appalling conduct on the part of an officer of the court must be stopped in our profession, in particular in [Personal Injury] litigation.” It was found that the Plaintiff’s solicitor (Solicitor) deliberately tried to hide a subsequent accident (2nd Accident), vastly inflated the claim, failed to make proper discovery of documents and concealed the husband and wife relationship between himself and the Plaintiff. A personal costs order on indemnity scale was made against the Solicitor and the matter was referred to the Law Society for further investigation - Cheung Ka Man v Wong Yu Huen  HKDC 370.
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.
Case review 29/11/2022
Limitation in childhood abuse cases – a key appeal decision
A judgment of the Court of Session has considered changes to limitation introduced by the Limitation (Childhood Abuse) (Scotland) Act 2017. In this case, the defender failed on appeal to sustain defences in terms of section 17D of the Prescription and Limitation (Scotland) Act 1973.
Best practices for mitigating risk under New York’s Adult Survivors Act claims
The Adult Survivors Act (“ASA”), a law recently signed by New York Governor Kathy Hochul, will go into effect on November 24, 2022 and provide a one-year window for individuals who were 18 or older at the time of the offense to file suit for previously time-barred sexual offense claims, regardless of when the alleged act occurred. The ASA will impact any entity that regularly interacts with adults in any capacity; thus, a significant influx of claims and lawsuits is anticipated.
Kennedys recognised as a leading law firm in Chambers UK 2023 solicitors guide
Top accolades awarded to the firm in the latest Chambers & Partners guide to leading law firms and lawyers across the country.
Online Safety Bill: a balance to be struck
On 17 March 2022, the UK Government delivered to parliament a 'world-leading' Online Safety Bill aimed to make the UK the safest place to go online while defending free expression. Here, and in light of Ofcom’s Call for Evidence about its plans for implementation of online safety regulation, we focus on the scope of the Bill’s provisions and the likely impact on organisations.
Personal Injury Brief: latest decisions - June 2022
A roundup of recent court decisions including provisional damages and mitigation of loss for a dementia patient, issuing claims in the correct court, a common sense approach taken in a Scottish injury case, and participant v participant incidents in competitive sport.
Sexual and physical abuse – sixteenth edition of the Judicial College Guidelines
Following the recommendation of the Independent Inquiry into Child Sexual Abuse, a new sub-category of psychiatric injury has been included within the sixteenth edition of the Judicial College Guidelines. In this article, we explore this new section of the Guidelines and consider whether the courts in Scotland are likely to adopt these new figures in a manner which may bring awards for damages closer to those in England and Wales.
How will the proposed Respect at Work legislation impact Australian businesses?
With the #MeToo movement sparking a global discussion on sexual harassment and gender inequality, a key question became whether Australia’s legal and regulatory systems were fit for purpose, particularly in preventing and responding to workplace sexual harassment.
Case review 28/01/2022
Further developments in ‘failure to remove’ claims
Following a number of first instance decisions last year which focused predominantly on assumption of responsibility, this case now provides some welcomed clarity around other possible exceptions when dealing with duty of care issues.