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Article 19/06/2019
Personal Injury Brief: latest decisions June 2019
A roundup of recent court decisions raising issues in relation to the duty of care owed by local authorities to protect individuals from third parties, the MIB’s liability with accidents occurring on private land, the test to avoid fixed costs, a limit on the widening duty of vicarious liability and a cost order outside a judge’s discretion.
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Case review 06/06/2019
The Supreme Court upholds the strike out of claims seeking to impose a duty of care on a local authority arising out of its functions under the Children Act 1989
In a welcomed decision, the Supreme Court has delivered its long-awaited judgment clarifying the scope of duties owed by local authorities. The court confirmed there is no assumption of responsibility arising out of the mere operation of social services functions, and except in defined exceptional categories, there is no duty of care to protect individuals from harm caused by third parties.
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Article 12/03/2019
Personal Injury Brief: latest decisions March 2019
A roundup of recent court decisions raising issues in relation to childhood abuse trials, unidentified drivers, an EL claim following a terrorist attack, the ability to adduce evidence in relation to life expectancy and concerns over the security of periodical payments against the backdrop of Brexit.
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Article 19/11/2018
Personal Injury Brief latest decisions – November 2018
A roundup of recent court decisions raising issues in relation to vicarious liability, a stay in proceedings, litigant in person sanctions, and some limitation decisions.
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News 22/03/2018
Still a lot to play for on Civil Liability Bill, says Kennedys
The Civil Liability Bill is a big stride in the right direction but there remains a lot to play for on the detail to ensure it achieves its aim, we have warned
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News 19/03/2018
Kennedys launches new edition of claims handling guide book
We are thrilled to announce that we have published a significantly updated edition of our guide to claims handling, which helps empower insurers, third party administrators, corporates and their claims teams to become less reliant on their lawyers.
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Article 20/09/2017
Improving access to justice for survivors of childhood abuse: but at what cost?
The three-year limitation period in child abuse claims is about to be lifted in Scotland.
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Article 24/05/2017
Bringing the discount rate into the real world
The law which empowers the Lord Chancellor to set the personal injury discount rate does not need to change, but the assumptions underlying it do to reflect the reality of investment today.
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Article 27/02/2017
Discount rate reduction after 16 years
Lord Chancellor Elizabeth Truss has dramatically reduced the personal injury discount rate from 2.5% to minus 0.75%. The change will become effective on 20 March 2017.