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News 20/01/2020
Kennedys boosts Dublin litigation practice with partner hire
We are pleased to announce that we have strengthened our presence in Dublin by hiring insurance litigator and casualty specialist David Strahan from Arthur Cox. David, who qualified at the Irish Bar before his admission as a solicitor, becomes the fifth partner in our Dublin office.
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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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Case review 10/12/2019
Absence of noise surveys and the drawing of adverse inferences
In this noise induced hearing loss claim, the Court of Appeal upheld the decision at first instance that adverse inferences could not be drawn against the defendant where there was a lack of noise surveys.
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Article 09/12/2019
Thomas Cook in liquidation: re-building consumer confidence the right way
The collapse of Thomas Cook on 23 September 2019 has pushed multiple wheels into motion – from the repatriation of British holidaymakers, to the sale of the former travel firm’s retail estate under the steer of the Official Liquidator. It also includes the suggestion of a personal injury fund and reform of the self-insured model. We look at what we know and highlight a few aspects that the government (new or otherwise) should bear in mind.
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Case review 28/11/2019
Hunting the Chimera: the Supreme Court hears two key vicarious liability appeals in November 2019
The law of vicarious liability continues to exercise senior judicial minds, as the courts re-configure the traditional approach to this subject to meet the demands, evolving working practices and mores of the modern world. Two cases come before the Supreme Court this month and whilst we await the outcome we consider the potentially far-reaching ramifications for employers and insurers alike.
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Article 07/10/2019
Moving towards Europe: recent trends in Asia-Pacific data protection law
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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
The PIAB: the pros and cons of Ireland’s resolution to the assessment of damages
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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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Article 02/10/2019
No change in Scotland’s discount rate is a minus move
The Government Actuary Department (GAD) has published their determination of the discount rate in Scotland, concluding that it should remain unchanged at minus 0.75%.