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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%.
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Article 18/09/2019
Discount rate mitigation: the Brexit backdrop
There is much speculation about the turbulence that might follow Brexit, whether on a deal or no-deal basis.
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Article 10/09/2019
Simplifying the defence of loss of pension claims
Recently we have taken over several personal injury claims in the advanced stages of ligation where claimants have pleaded, by way of length expert pension reports, substantial future loss of pension income on 'defined contribution: money purchase schemes' (i.e. those most commonly held by employed or self-employed claimants who do not have access to a 'defined benefit scheme' such as a final salary scheme.
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Article 04/09/2019
The era after ERRA – the reality of the impact on COSHH claims
Many believed that defending claims made pursuant to the Control of Substances Hazardous to Health Regulations 2002 (COSHH) would become fairer following the introduction of the Enterprise and Regulatory Reform Act 2013 (ERRA), however, that does not seem to have been the reality.
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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.