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Case review 2021-03-05
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 2021-03-04
Balancing public health and private rights - birth partners
Over the past 11 months individual personal rights have been balanced against the need to protect public health. Individual rights to see extended family, to move unrestricted, to visit a family member in a care home have all been curtailed with the aim of reducing the spread of COVID-19.
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Article 2021-03-04
Government proposals for reform of the Mental Health Act
Following an Independent Review of the Mental Health Act 1983 (the Act) – recommendations of which were published in December 2018 in a report, ‘Modernising the Mental Health Act: Increasing choice, reducing compulsion’ – the government, informed by those recommendations, has set out in a White Paper wide-ranging proposals “for a substantive programme of legislative reform”.
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Article 2021-03-04
Directors & officers and their insurers await detail of UK audit reforms
The government is set to publish a white paper with proposals for the reform of UK corporate governance and audit oversight. Accountancy firms are already splitting out their audit and consultancy arms and a new regulator, the Audit Reporting and Governance Authority, will replace the Financial Reporting Council.
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Article 2021-03-04
A business friendly budget?
The Chancellor of the Exchequer yesterday announced his Spring Statement. Rishi Sunak has been clear that the public need to understand the true economic cost of the pandemic. And so whilst committing to do whatever it takes to support people and businesses throughout the pandemic, he has not shied away from highlighting the "enormous toll" this has had on the economy and our public finances.
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Article 2021-03-04
COVID-19: the race against the variants and their migrating mutations
2020 was a challenging year globally. However, the start of 2021 has welcomed the rapid roll out of the breakthrough COVID-19 vaccines in the UK, a ray of hope for a way out of the pandemic. Over 20 million people in the UK have already been given vaccine doses, with the hope that the majority of the UK adult population will be vaccinated by the end of 2021.
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Article 2021-03-04
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 2021-03-04
Spring forward, fall back – the commercial impacts of the Spring Budget 2021
Chancellor Rishi Sunak MP delivered his second budget yesterday which predominantly focused on maintaining, extending and creating new COVID-19 measures. This budget was a response to the pandemic first and foremost and, on that front, it more than delivered. Here, our commercial experts provide an overview of what the measures mean to businesses in a number of critical areas.
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Article 2021-03-03
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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Article 2021-03-03
Embracing new waves of change: Singapore’s new laws on electronic bills of lading, and a Spanish and UK comparison
On 1 February 2020, the Singapore government passed the Electronic Transactions (Amendment) Bill in Parliament (the Bill), amending the Electronic Transactions Act (ETA), Bills of Lading Act and Contracts (Rights of Third Parties) Act.