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Article 2022-06-24
Underwater surveillance technology – more of a hindrance than a help?
Swimming pool technology has been developed over time, with the intention of providing an additional layer of support to lifeguards on duty. A common form of this new technology involves images taken by an underwater surveillance camera system displayed on a monitor affixed to a lifeguard's chair.
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Case review 2022-06-23
Lessons from Kozarov: the potential for psychiatric injury claims
In April, the High Court handed down its judgment in Kozarov v Victoria, an appeal that sheds light on an employer’s duty of care to prevent psychiatric injury to its employees. The Court reinstated the appellant’s first instance damages award of $435,000, and awarded costs in the appellant’s favour.
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News 2022-06-23
Global growth for Kennedys continues
We have reported our highest ever revenue of £286m, up 8% from £264m* the previous year. The most significant growth came in North America, where revenue was up 24% to £55m, following a continued growth period fed by work from new and existing clients, a series of lateral hires and the opening of a new office in Delaware.
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Article 2022-06-21
Asbestos litigation: the far horizon
It is widely accepted that exposure to varying amount of asbestos can cause mesothelioma and lung cancer. In this article, we look at two recent developments in this area; carcinoid tumours and head and neck cancers.
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Article 2022-06-21
Do you want to be an independent contractor, or an employee?
The legal distinction between independent contractors and employees is often written about: not so often the question of whether a working doctor is better off as an independent contractor or as an employee. In this article, we explore what factors are relevant to doctors in deciding which way to go.
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Article 2022-06-20
'Operation potholes'
Highway authorities have allocated significant resources to tackling potholes on Britain’s highways. Despite this, potholes continue to be a source of problems – causing damage to vehicles and presenting a potential safety hazard. In this article, we look at the measures the government are putting in place to prevent potholes and improve highway maintenance.
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Article 2022-06-20
Reforming QOCS: Kennedys welcomes proposals to even the playing field
The UK Government is proposing changes to the Qualified One-way Costs Shifting (QOCS) regime to ensure the extension of fixed recoverable costs (FRC) does not exacerbate existing issues with QOCS flowing from recent case law.
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Article 2022-06-17
Police, Crime, Sentencing and Courts Act 2022: introduction of significant driving offence changes
Recently there have been a number of significant developments in road traffic rules and legislation, including modification to the Highway Code, and tightening up on the use of mobile phones whilst driving. On 28 April 2022, the Police, Crime, Sentencing and Courts Bill received Royal Assent and became an Act of Parliament.
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Article 2022-06-15
Second Circuit Ruling: The Bellefonte Rule “No Longer Good Law”
The United States Court of Appeals for the Second Circuit rejected the Bellefonte Rule, which reinsurers relied upon to cap liability under certificates of facultative reinsurance for indemnity and expense.
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Article 2022-06-15
Overserved: Practical considerations surrounding motions for substituted service on insurers
It is a frequent situation. A contractor obtains a liability policy from an insurer. Down the road, a construction defect claim is asserted, and suit is brought against the contractor. By this point the contractor is no longer in business, with no known valid address, and all reasonable efforts at service of process on the contractor fail. The claimant then moves for substituted service on the contractor’s insurer. Even if the insurer files an objection to the motion for substituted service, the court may focus only on the diligence of the claimant’s efforts to serve the contractor and grant the motion. The insurer is now in the lawsuit.