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Case review 21/09/2020
The intricacies of Part 36 have been further illustrated by the judgment in this High Court case (Blackpool Borough Council v Volkerfitzpatrick Limited), where the court was asked to consider the impact of a withdrawn Part 36 offer and how the ‘reasonableness’ of rejecting such an offer should influence the liability for costs.
Case review 15/09/2020
In Salih v Emirates  NSWCA 215, the NSW Court of Appeal has denied an application for leave to appeal (the Application) made by a passenger, Mrs Salih (the Plaintiff), who was injured when an overhead compartment landed on her thumb during an international flight.
Much has been learnt from the recent operational response to COVID-19 in terms of the way in which different healthcare providers have responded to the pandemic at short notice.
The Australian arm of global insurance and litigation law firm Kennedys today announced the promotion of 10 lawyers to new senior roles, in the largest-ever group of promotions for the firm in Australia in a single year.
Case review 27/08/2020
In a decision that grabbed a number of headlines, The Court of Appeal has significantly reduced an award of whiplash damages, highlighting the importance of the appropriate reference to the Book of Quantum by the judiciary and practitioners alike.
Kennedys has urged the Irish Government to change the way the personal injury discount rate is calculated to reflect what injured people actually do with their compensation in real life.
On 13 August the Redress for Survivors (Historical Child Abuse in Care)(Scotland) Bill was published. This followed on from the consultation process and ‘conversation’ which took place as to the form and nature of the Redress Scheme intended to help survivors in Scotland. Broadly speaking, it is formulated as expected from the Consultation process.
Case review 26/08/2020
The County Court at Brighton recently hosted the final chapter in the saga of Tess Garraway v Holland & Barrett Ltd, a public liability personal injury claim arising out of an accident in December 2013, with the judgment providing a useful reminder of the test to be applied when assessing fundamental dishonesty.
Kennedys has urged the Northern Ireland Executive to change the way the personal injury discount rate is calculated to reflect what injured people do with their compensation in real life. This is in response to a consultation issued by Stormont, which our Belfast office has responded to drawing upon the experiences of the firm’s national offices.
The Seventh Edition of the Ogden Tables was published on 1 August 2011. Much has changed in the intervening nine years as the Explanatory Notes to the Eighth Edition make clear, not least Brexit, a global pandemic and gradually declining improvements in life expectancy.