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We are very pleased to reveal the six successful claims professionals who have been chosen as finalists for the third series of Insurance Post’s Claims Apprentice, in association with Kennedys.
Case review 2022-05-17
Many of Australia’s states and territories have passed legislation amending their respective work health and safety acts to include the offence of industrial manslaughter. In a recent common law development, Judge Cash QC of the Queensland District Court has sent a clear message to Queensland business owners that the responsibility to create and maintain a safe work environment is paramount.
We have added a leading organised fraud specialist to strengthen our team and help safeguard clients from the rising cost of fraudulent claims. James Stevens is a former director and head of organised fraud at DWF Law, where over the last 11 years he has become well-known for his work relating to organised insurance fraud.
In this report, Kennedys experts highlight key legal and regulatory developments, and provide an overview of 12 topics to watch under four main topic groups which insurers and corporates should consider as they plan for operational resilience in the new financial year.
Kennedys were instructed by the insurer of a steel fabrication company to defend a personal injury claim brought by an employee following an accident at work in July 2017. The Claimant had sustained a genuine injury, but grossly exaggerated their claim, resulting in a discontinuance at trial and savings of over £100,000 for our insurer client.
A roundup of recent court decisions raising issues relating to driving at an excessive speed, vicarious liability, judicial consideration of claims under the Human Rights Act in relation to ‘failure to remove’ cases, fundamental dishonesty in the context of failing to volunteer information, the Brussels Recast Regulation, and Animals Act claims.
Case review 2022-03-21
A recent High Court ruling signalled another positive step for organisations, and their insurers, in whether they should be held vicariously liable when employees break the law. In Isma Ali v Luton Borough Council , a case involving the leaking of sensitive personal data by a council employee, the judge concluded the local authority could not be held responsible for the actions of someone acting on a “frolic of their own”.
Recent cases suggest courts may be continuing to crack down more on unmeritorious claimants who pursue hopeless litigation. In October 2021’s PI Brief we referred to several judgements of HHJ Andrew Li (HHJ Li) where claimants and/or their solicitors were penalised with indemnity costs and/or wasted costs orders in pursuing a groundless claim. Since then, both the High Court and the District Court have readily taken a more robust approach against meritless claims.
The Covid-19 pandemic has undoubtedly demanded the entire world to take certain measures to adapt to the situation and Chile was no exception.
Our global liability and defence group brief, Navigating the global liability defence agenda, was created with our clients in mind. With our legal footprint spanning across 24 countries, our lawyers have first-hand knowledge of global issues impacting our clients. We wanted to provide a snapshot of interesting legal issues we are seeing and share some takeaways we expect will resonate cross jurisdictionally.