Related content to Third Parties Act 2010
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A summary of key developments including an update on the Civil Liability Act 2018 and the whiplash reforms, Scotland’s discount rate, the call for an overhaul of current laws on use of hand-held mobile devices whilst driving, and the latest on the Law Commissions’ consultation on autonomous vehicles.
Following the introduction of the Defamation Act 2009 (the “2009 Act”), the torts of libel and slander in Ireland have been replaced by the tort of defamation.
In this briefing, we consider the latest significant court decisions impacting claims arising from professional liability and financial lines policies and products. Issues covered include: heads of terms in mediation; Approved Inspectors’ duties; limitation periods; jurisdiction disputes; business transfer schemes; insolvency exclusions; Ponzi schemes; and solicitors’ duty to point out procedural irregularities.
Case review 09/09/2019
In the recent case of Zenjoy Limited v Contex Group Co., Limited  HKCFI 2049, the Hong Kong Court of First Instance (“CFI”) dismissed the Plaintiff’s application for third party discovery where the Plaintiff was a victim of fraud. In doing so, CFI examined the rules in relation to non-party discovery under section 42(1) of the High Court Ordinance (Cap. 4) (“HCO”) and order 24 rule 7A(2) of the Rules of the High Court (“RHC”).
The usual marine risks covered by policies include “malicious acts”. A number of recent cases have considered the types of claims which are recoverable as “malicious acts” with some, perhaps, surprising results.
Partner in Bermuda Mark Chudleigh authors the Bermuda chapter in the 2019 ICLG to: International Arbitration Laws and Regulations, a guide which covers common issues in international arbitration laws and regulations - including arbitration agreements, governing legislation, choice of law rules, selection of arbitral tribunal, preliminary relief and interim measures - in 52 jurisdictions.
A year ago, the Governor of California signed the California Consumer Privacy Act of 2018 into law. Known as the first comprehensive privacy regime in the United States, the Act imposes on businesses significant privacy obligations, creates a number of privacy rights, and provides for enforcement both through private right of action and regulatory enforcement.
The International Civil Aviation Organisation (ICAO) has proposed a 13.9% increase to the Montreal Convention’s liability limits following completion of its quinquennial review.
Section 152 Road Traffic Act 1988 amendment: removal of statutory declarations following an accident
On 1 July 2019 the Department for Transport laid regulations before parliament that will end the ability of motor insurers to avoid statutory liability for third party claims in circumstances of fraud or misrepresentation by the insured.
Kennedys’ Christopher Butler and Lee Cooper, together with Paul Cowan and Simon Hale of 4 New Square, have recently successfully represented a party in the defence of ‘post-Grenfell’ cladding claims relating to the exterior cladding of high rise buildings, and the compliance (or otherwise) of those cladding systems (panel and insulation) with the relevant building regulations in force at that time.