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Article 07/01/2020
Rise of assault claims and extending vicarious liability
At the start of this month, the heinous details of Britain’s most prolific rapist have been made public, following the reporting restrictions being lifted at the sentencing hearing of Reynhard Sinaga. Cases of such systematic sexual assault have sadly dominated the headlines in recent years.
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Article 17/12/2019
New Jersey’s amended statute of limitations for sex abuse claims expected to give rise to many suits and coverage implications
In recent years, an increasing number of victims have asserted claims against schools, athletic organizations, Olympic governing bodies, and religious institutions, alleging sexual abuse and sexual misconduct.
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Article 29/10/2019
Large scale lawsuits present new challenge for insurers
In recent years, the US has seen a trend in large-scale litigation pushed forward by the plaintiffs’ bar in the form of class actions, which are often consolidated in state courts or take the form of multi-district litigation (MDL) in the federal court system.
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Article 04/10/2019
Personal injury market insights – October 2019
A summary of key developments including an update on recent changes to civil justice reforms, a consultation on financial redress for in-care victims and survivors in Scotland and an update on the Law Commissions consultation on automated vehicles.
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Article 03/10/2019
Personal Injury Brief: latest decisions October 2019
A roundup of recent court decisions raising issues in relation to incidents that really are nobody’s fault, an application to withdraw an admission of liability, whether a tour operator is liable for the criminal acts of hotel employees, the impact of decisions in criminal proceedings and when is a path a highway.
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News 04/09/2019
Kennedys to grow UK public liability practice
We are to strengthen our public liability practice with the recruitment of Kathryn Oldfield as a partner.
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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.