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Article 26/10/2022
On 16 September 2022, the Council of Appeal ruled in an occupational injury case in which the Council of Appeal were summoned by Kennedys on behalf of the occupational injury insurance company.
News 25/10/2022
Top accolades awarded to the firm in the latest Chambers & Partners guide to leading law firms and lawyers across the country.
Article 17/10/2022
In this article, which was originally published in the Law Institute Journal, we explore a recent High Court case which considered the duty of care on law firms for lawyers exposed to vicarious trauma and the measures law firms need to implement.
News 11/10/2022
Following the publication of The Legal 500 UK 2023, we are proud to announce that the firm has once again achieved impressive rankings and recognition within the latest guide to leading law firms and lawyers.
Article 04/10/2022
In this article our employment experts discuss the focus of the Australian Government’s reform agenda following the recent Jobs and Skills Summit and what the pledges mean for employers.
Article 28/09/2022
A summary of key developments including a political landscape roundup, an update on the Damages Claims Portal, the Civil Justice Council’s holistic costs consultation, and the Ministry of Justice’s proposals to increase the use of mediation in the civil justice system.
Article 28/09/2022
A roundup of recent court decisions raising issues relating to judicial discretion when considering Calderbank offers, the importance of experts remaining independent, building a strong evidential case, and the scale of expenses in low value claims.
Case review 21/09/2022
In a recent High Court judgment of Sit Ka Chun v. Wing Wong Scaffolding Ltd & Others (HCPI 144/2020, 15 June 2022), Master Alexander Tang refused to accept the Plaintiff’s case on the extent of injuries in a construction injury claim and awarded around 1/10 of his pleaded claim. The Court also clarified several important principles of adverse inference for not calling witness at trial. Kennedys acted for the successful Defendants and have recovered substantial costs on an indemnity basis at enhanced interest rate on the strength of the Sanctioned Payments by the Defendants.
Case review 21/09/2022
In a recent decision that particularly affects workers in the gig economy, the Fair Work Commission found that a Deliveroo rider was an independent contractor, and not an employee. The decision is a reminder to employers that comprehensive, written agreements assist significantly in the proper characterisation of worker relationships. In this article we review the decision and provide some key takeaways for employers.
Case review 05/08/2022
On 30 June 2022, the District Court of Odense ruled in a case concerning an accident that took place in 2014 whereby the plaintiff and his colleague worked by an excavation, when it suddenly collapsed, and the colleague was partly buried. The plaintiff, who was located in an excavator and did not see the accident happen, claimed compensation from the employer due to the psychological symptoms he allegedly developed due to the accident. In its ruling, the District Court dismissed the plaintiff’s claim and acquitted the employer.
