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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.
The Irish Court of Appeal has voiced strong criticism of the “hired gun” expert who takes on the role of advocate, and has signalled much tighter control and greater enforcement of the rules relating to expert evidence (Duffy v McGee Insulation Services). The Court also warned that lawyers who call experts who do not comply with their duties to the Court may face adverse consequences in respect of legal costs.
In a recent judgment, the Federal Court of Australia considered how Ireland had adopted the Hague Visby Rules (H/V Rules) and if Ireland was deemed to be a ‘Contracting State’.
It's our world, and here's how we're collaborating to make a difference in celebration of Global Goals Week
Global Goals Week is well and truly underway and through our Responsible Business Programme we are continuing to support the UNSDGs and incorporating the principles of the UN Global Compact into our local and global initiatives.
The Representative Actions for the Protection of the Collective Interests of Consumers Bill 2022: the introduction of class actions to Ireland
The EU Representative Actions Directive (EU) 2020/1828 is to be transposed into Irish law by 25 December 2022, with effect from June 2023. The Directive aims to improve consumers’ access to justice by introducing a standardised EU wide legal mechanism by which consumers, who are affected by the same alleged infringements of EU law, can bring a representative action.
Our latest global report finds that the insurance industry has a central role in building wider understanding about climate-related risks and in mitigating against those risks.
The Irish Government is set to approve significant amendments to the Occupiers’ Liability Act 1995 (the Act) as part of its plan to reform the insurance sector in Ireland. The proposed amendment will curtail the liability of occupiers in this jurisdiction, and as such, will be a welcome development for business owners in Ireland.
The Minister for Justice Helen McEntee received Cabinet approval to publish the Review of the Defamation Act 2009 (the Review) on 1 March 2022, and to prepare new defamation legislation. In this article, we look at the impact of jury abolition on defamation cases in Ireland, as well as some of the major proposal outlined in the Review of the Defamation Act 2009.
With mandatory climate disclosures becoming law in the UK, effective from 6 April 2022, and the United States Securities & Exchange Commission announcing its long awaited climate disclosure rule on 21 March 2022, this report provides a snapshot of the approach towards climate disclosures in some of the jurisdictions in which Kennedys operates, before focusing on what this means for our policyholder and insurer clients in the financial lines arena.
Case review 2022-05-04
The recent judgment of Mr Justice Simons in Anna Kolton v Paramount LTD trading as Esplanade Hotel is a notable one for both insurers and business owners as it contains welcome commentary on quantum and the duty on plaintiffs to issue proceedings at the appropriate court level.