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Article 2021-02-23
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 2021-02-15
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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Article 2021-02-11
Whose duty is it? Crafting a “no duty of care” defense
It is a scenario that arises every day – a subcontractor’s employee injures themselves on a job site and is out of work for an extended period of time. Under negligence principles, who had the duty to ensure employee safety and can thus be potentially liable for the employee’s injuries and damages, including perhaps decades of future lost earnings?
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News 2021-02-11
Kennedys launches fourth edition of claims handling guide book
The fourth edition of our most popular guide for claims handlers has launched, helping empower insurers, third party administrators, corporates and their claims teams to become less reliant on their lawyers
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Article 2021-01-22
Navigating the COVID-19 risk landscape
If 2020 was the year of the pandemic, then 2021 will be the year of the vaccine. The vaccination of millions of ‘at risk’ people against COVID-19 will finally place us firmly on the road to recovery. But this recovery will not be linear. As countries around the world go back into lockdown, we can expect many more bumps in the road.
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Case review 2021-01-14
Court of Appeal clarifies the extent of the duty of care owed to hotel guests
Ohoud Al-Najar (by her litigation friend, Khadia Al-Mulla) and others v The Cumberland Hotel (London) Limited [18.12.20]: The appellants’ claim was advanced on the basis that the owner of the hotel had broken the duty “to take such care as in all the circumstances of the case was reasonable to see that [the Appellants] person and property were kept reasonably safe, whilst they were staying at the hotel”. Some 30 allegations of negligence were advanced against the hotel relating to the adequacy of security arrangements.
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Report 2021-01-06
COVID-19: what will it mean for the future of risk?
Our research identified five key risk themes that have implications and represent both challenges and opportunities for businesses, insurers, and wider society. This will assist in moving the conversation forward as we look beyond COVID-19, highlighting the important need to reshape the dynamic relationship between companies, households, and insurers.
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Article 2020-12-22
Australian workplace laws to criminalise workplace fatalities
In October 2020, as part of the continuing harmonisation of national work health and safety laws, Australian states and territories are introducing laws for industrial manslaughter, defining a workplace fatality as a criminal offence.
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Article 2020-12-09
Employers’ responsibilities following the Self-Isolation Regulations
The Self-Isolation Regulations were implemented on 28 September 2020. They impose a mandatory ‘self-isolation’ period for those who test positive for COVID-19 and those who have had “close contact” with someone who tests positive for COVID-19. This period of self-isolation means that people should not leave their home or “other suitable place” for a set period of up to 14 days.
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Article 2020-12-09
‘COVID-secure’ workplaces: taking all reasonably practicable measures
The phrase ‘COVID-secure’ is one which we have become all too familiar with. It is a term regularly referred to in government announcements, news articles, business discussions and by regulators such as the Health and Safety Executive. In this article we consider on a practical basis what ‘COVID-secure’ actually means and what businesses are required to do to satisfy the regulators that their workplaces are ‘COVID-secure’.