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Case review 21/07/2020
In a three day hearing commencing on 23 June 2020, the Court of Appeal heard the case of Swift v Carpenter, in which the appellant challenged the decision of no award for her accommodation claim. The judgment has been reserved.
Kennedys acted in the defence of a catastrophic injury claim with significant cross-border quantum issues. Our involvement led to an eight figure saving in damages for our insurer client.
A summary of key developments including an update on bereavement damages in England and Wales, the postponement of the whiplash reforms, an update on QOCS in Scotland, research into remote hearings, the FCA’s test case on business interruption cover during the coronavirus pandemic and consultation on the discount rate in Ireland and Northern Ireland.
A roundup of recent court decisions raising issues relating to a football club being vicariously liable for abuse carried out by a volunteer scout, two Supreme Court decisions on vicarious liability, the dismissal of an entire claim following a finding of fundamental dishonesty, and a cost reduction due to an exaggerated claim.
Defendant personal injury practitioners are often required to manage claims involving multiple defendants, particularly in cases involving large loss.
To put it mildly, COVID-19 has been a game-changer in the personal injury sector. That includes the scope of purchased insurance products and their coverage.
This report looks at who currently bears the cost of funding personal care for those with catastrophic injuries, and the need to better manage these costs in future.
The COVID-19 outbreak has revealed the inflexibility and lack of innovation in personal care systems around the world. Relieving these pressures will require an innovative new approach.
We are delighted to confirm the promotion of thirteen lawyers to our partnership across practice areas including commercial, employment and healthcare, as well as specialist areas of insurance and liability that include cyber, property and construction, professional liability, travel, abuse and fraud. Eight of those promoted are based in the UK, with four in the US and one in Australia. Our worldwide partner count is now 264.
On 19 March, the Ministry of Justice (MoJ) announced an increase to the statutory bereavement award in England Wales to £15,120. This new figure is to reflect inflation since the award was last increased to its current level of £12,980 in April 2013.