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Article 2023-03-23
Castano v. Augustine: Strict construction of the law at odds with New Jersey public policy?
Over time, New Jersey’s No Fault Act has evolved to incorporate additional restrictions on an injured party’s right to sue for injuries resulting from an auto accident. These restrictions, viewed as a trade-off for the Act’s promise of prompt payment of medical expenses regardless of fault, serve to impose the “draconian consequence” of completely foreclosing a prospective plaintiff’s cause of action should they run awry of requirements of the Act.
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Article 2023-03-23
Hong Kong Personal Injury Brief - March 2023 edition
In a robust decision handed down recently, HH Judge Andrew Li of the District Court (Judge) said “this is by far the worst case I have come across in my 10 years sitting on the bench” and that “such appalling conduct on the part of an officer of the court must be stopped in our profession, in particular in [Personal Injury] litigation.” It was found that the Plaintiff’s solicitor (Solicitor) deliberately tried to hide a subsequent accident (2nd Accident), vastly inflated the claim, failed to make proper discovery of documents and concealed the husband and wife relationship between himself and the Plaintiff. A personal costs order on indemnity scale was made against the Solicitor and the matter was referred to the Law Society for further investigation - Cheung Ka Man v Wong Yu Huen [2023] HKDC 370.
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Case review 2023-03-22
The Court of Appeal’s decision on ‘mixed injuries’ cases
The recent decision by the Court of Appeal in Rabot v Hassam and Briggs v Laditan [20.01.23], has provided some certainty on how to approach the valuation of low value motor claims involving whiplash and non-whiplash injuries.
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Article 2023-03-09
Implications of shelving the autonomous transport bill
Following enactment of the Automated and Electric Vehicles Act 2018 - designed to ‘kick-start’ the move towards self-driving vehicles – detailed exploration by the Law Commission of England and Wales, and the Scottish Law Commission into the wider legal and regulatory framework required, followed. With the baton handed back to the UK Government by way of an extensive set of recommendations published in January last year, the announcement of the Transport Bill in May looked set to continue that recent momentum.
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News 2023-03-07
John Gibson joins Kennedys Motor Practice
Kennedys partner and head of motor, Ian Davies, has confirmed that John Gibson has joined the firm as a Legal Director. John will lead Kennedys’ offering in motor non-injury.
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News 2023-01-09
Kennedys appointed to core Aviva UK GI claims legal panel following a strategic review
Aviva has announced the conclusion of the first comprehensive review of its defendant legal panel in 10 years.
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Article 2022-12-12
Personal Injury Brief: market insights December 2022
A summary of key developments including the key civil justice priorities for the Civil Justice Council and Ministry of Justice, the discount rate in England & Wales, fixed recoverable costs, and the Health and Safety Executive’s annual report.
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Article 2022-11-01
Autonomous vehicles update
The way in which people and goods travel is changing rapidly. As a new era of transport continues to unfold, Kennedys is here to keep you up to date on the latest developments and what they mean for you and your business.
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Article 2022-10-26
Reopening of occupational injury cases in the Council of Appeal
On 16 September 2022, the Council of Appeal ruled in an occupational injury case in which the Council of Appeal were summoned by Kennedys on behalf of the occupational injury insurance company.
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News 2022-10-25
Kennedys recognised as a leading law firm in Chambers UK 2023 solicitors guide
Top accolades awarded to the firm in the latest Chambers & Partners guide to leading law firms and lawyers across the country.