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Case review 05/03/2021
Fundamental dishonesty – when a claim has to fail
In this case, the claimant’s personal injury claim in excess of £50,000 was dismissed in its entirety, despite liability being admitted under Section 57 of the Criminal Justice and Courts Act 2015. Qualified one-way cost shifting was disapplied and the claimant was ordered to pay the defendant’s costs, minus the damages she would have received but for her dishonesty, as well as a previous indemnity costs order from 2018.
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Article 04/03/2021
COVID-19 vaccines and employers’ liability – a global approach
With many countries now vaccinating and looking to lift lockdowns, the question on everyone’s lips seems to be “can employers require their employees to vaccinate?”. In this article, our experts based in Denmark, the UK, US and India look to provide an answer from each of their respective jurisdictions, and thereafter forecast the potential COVID-19 employers’ liability claims we can expect to see in the future.
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Article 03/03/2021
The journey following a finding of fundamental dishonesty
Kennedys has secured a finding of fundamental dishonesty and subsequent custodial sentence following committal proceedings against a demolition worker after it was established that he lied about the circumstances of an accident when pursuing a claim against his employer.
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Case review 03/03/2021
Judgment in occupational injury case
On 25 February 2021, the Court in Viborg acquitted an employer of liability for a rollover accident with a forestry machine.
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Case review 24/02/2021
Fundamental dishonesty and exaggerating injuries: a cautionary tale
Robert Sudale v Cyril John Ltd: In this case, the claimant’s personal injury claim for damages was dismissed on the grounds of fundamental dishonesty. The judge found the claimant had pursued a claim relying upon a significant exaggeration of his symptoms.
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Article 23/02/2021
Brexit: the new status quo
The EU-UK Trade and Cooperation Agreement (TCA) provides the basis for further legal certainty to be agreed following the end of the transition period on 31 December 2020. It was, as we all saw, a fairly tortuous journey and securing a deal seemed impossible at times because both sides had very different aims in mind.
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Article 19/02/2021
Retailers - fighting to stay profitable, fighting to stay safe?
In this article, we provide perspectives from both the United Kingdom and United States on compliance with safety measures during the pandemic, discuss the shift in responsibility to ‘police’ rules and regulations from individuals to retailers, and offer a glimpse into the future in terms of the likely claims retailers may face.
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Case review 19/02/2021
Supreme Court decision - implications for the gig-economy
“New ways of working organised through digital platforms pose pressing questions about the employment status of the people who do the work involved”. So said the UK Supreme Court today in its judgment in the high-profile case of Uber BV v Aslam and others. The court dismissed Uber’s appeal and found that Uber drivers are ‘workers’ for UK employment rights purposes.
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Article 15/02/2021
Re-opening offices - legionella risks emerging from lockdown
The COVID-19 pandemic led to the closure of offices and resulted in millions of people having to work from home, with employers deploying their attention and energy to ensuring the safety of their workforce, whilst also striving to maintain their businesses.
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Case review 12/02/2021
Judgment in occupational matter