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Case review 2023-05-23
Hong Kong Personal Injury Brief - May 2023 edition
In a very recent decision, HH Judge Andrew Li of the District Court (Judge) has tightened control over adducing of expert medical evidence in personal injury (PI) cases, particularly those in the District Court. He observed that it was high time for the courts and practitioners not only to consider but to actually make wider use of a single joint expert (SJE) rather than respective medical experts appointed by opposing parties.
Civil Justice Council publishes its final report on costs
Last year, the Civil Justice Council Costs Working Group was charged with taking a "strategic and holistic look at costs, particularly given the ongoing transformation of civil justice into a digital justice system". On 10 May 2023, the Working Group published its final report and recommendations, offering an insight into the likely direction of travel for costs in civil claims. In this article, we provide an overview of the responses to the consultation and the recommendations put forward.
Kennedys in Australia promotes liability partner
Kennedys has promoted liability claims specialist Emily Unger to the Australian partnership.
Terrorism (Protection of premises) Bill: briefing note
The Terrorism (Protection of Premises) Bill, also known as the ‘Protect Duty’ or ‘Martyn’s Law’, aims to keep people safe from terrorist attacks by introducing proportionate security requirements for certain public venues.
Case review 2023-04-11
Bad things sometimes happen to good people
The County Court of Victoria has affirmed that the duty of care owed to plaintiffs in personal injury actions is not a guarantee of safety. Even with reasonable care, bad things sometimes happen to good people.
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.”
What’s left of VCAT’s construction dispute jurisdiction?
The Honourable Justice Delany of the Supreme Court of Victoria recently held that the Victorian Civil and Administrative Tribunal does not have jurisdiction to determine claims for contribution brought pursuant to the Wrongs Act 1958 (Vic). In this article, we provide an overview of the decision and insights on the potential implications for VCAT’s Building and Property List.
The SEC’s proposed rule on climate-related disclosures: Potential concerns for general liability carriers
While many articles have discussed the potential impact of the Security Exchange Commission’s (“SEC”) proposed rule on climate-related disclosures for companies, their management, and professional lines insurers with a focus on financial disclosures, there are also areas of concern for general liability insurers. The rule will essentially be the first time the SEC will require companies to formally report about climate change risks when they make public filings.
California's legislature provides new guidelines and requirements for time-limited demands
A new year inevitably brings changes to existing laws and “time-limited demands” are no exception. Parties and jurists use different names to refer to such demands, including “time limit demands,” “policy limit demands,” or “time-limited settlement offers.” They may also take the form of statutory “998 Offers to Compromise” pursuant to California Code of Civil Procedure § 998, which often seek a specific amount equal to the limits of an insurance policy.
Best practices for mitigating risk under New York’s Adult Survivors Act claims
The Adult Survivors Act (“ASA”), a law recently signed by New York Governor Kathy Hochul, will go into effect on November 24, 2022 and provide a one-year window for individuals who were 18 or older at the time of the offense to file suit for previously time-barred sexual offense claims, regardless of when the alleged act occurred. The ASA will impact any entity that regularly interacts with adults in any capacity; thus, a significant influx of claims and lawsuits is anticipated.