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The Civil Justice Council (CJC) working group has published its recommendations on what further reforms could be introduced for low value injury (under £25,000) injury claims. With a focus on resolving meritorious claims more quickly and with the costs reduced, as well as preventing unmeritorious claims, the group concludes that once the pending ‘whiplash reforms’ have been implemented, there should be no further substantive reforms – not least until the detail of recent measures is clarified.
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.
From the Insurance Post Claims and Fraud summit 2020, in this video James Shrimpton, Partner at Kennedys, focuses on the legal basis for Covid-19 infection claims, current medical research, the impact of the pandemic on other injury claims and whether we will see a flood of infection claims.
As we reach the end of the year, we provide a short synopsis of what we have experienced whilst enduring the COVID-19 pandemic and offer some practical tips going forwards.
Kennedys is celebrating 20 years in Hong Kong, and is also moving to new offices.
While England may be under a second lockdown, claims continue to emerge and develop, with some issues arising that employers and insurers should be aware of.
A roundup of recent court decisions raising issues relating to a new test for what may constitute ‘de minimis’ exposure in mesothelioma claims, the application of limitation where a claimant applies to restore a dissolved defendant company for disease claims, and new changes to bereavement damages following the case of Smith v Lancashire Teaching Hospitals 
Following the case of Goldscheider –v ROH (2019), acoustic shock cases are an emerging risk and there is a risk of a floodgate of similar claims.
In recent years, the Health and Safety Executive (HSE) have been hot on the heels of employers in prosecuting for breaches related to Hand Arm Vibration Syndrome (HAVS). These reported fines are increasing every year from £280,000 in 2016 to £0.5m in 2018. Last year a £0.6m fine was issued to Places for People Homes, a company owning and managing a large portfolio of properties.
A summary of key developments including Ogden 8, bereavement damages for cohabitees, an update on consultation on the personal injury discount rate in Ireland and Northern Ireland, and the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill.