Personal Injury Brief

December 2021

Welcome to the final edition of Personal Injury Brief for 2021 

In this edition, our experts comment on the trends and risks faced by UK and US retailers, as well as fundamental dishonesty in personal injury claims, recent proposals to extend fixed recoverable costs, and a potential review of retained EU law. We also summarise how the HGV shortage has affected the personal injury market, the recently launched consultation on amending existing flexible working legislation, and how the insurance industry will need to adapt to reflect the changing landscape of COVID-19 related risks.

In recent news, we are delighted to highlight the appointment of one of the country’s leading data specialists, Antonio Acuña, who joins our London office. Antonio will oversee the firm's bold new strategy to find new approaches to the delivery of legal services. We have also welcomed two new data scientists as part of our growing development team in India, helping to drive innovation in lawtech and insurtech.

As always, we hope you enjoy reading this edition and welcome your feedback.

We wish you a healthy and happy festive season. 

Richard West
Partner

Market insights

A summary of key developments including a political landscape roundup, tension over the Northern Ireland protocol, the MoJ consultation on the future of dispute resolution in England and Wales, along with the proposed changes to the Highway Code and the reversal of Vnuk. 

Read more...

Case law

A roundup of recent court decisions raising issues relating to avoidance of employers’ liability policies, care workers making arrangements to pay for the services of a sex worker, the ‘tort gateway’ and accidents abroad, occupiers’ liability relating to trespassers, ‘uncontroverted’ expert evidence, a landmark Supreme Court decision on QOCS, and workplace traumatic brain injury. 

Read more...

Articles

Trends and risks faced by retailers in 2021: UK and US perspectives
2021 has presented retailers with numerous risks, many of which relate to COVID-19, whether borne out of the pandemic or exacerbated by it. We set out a number of these risks from both UK and US perspectives and offer some practical considerations for businesses and insurers.
Read more...

Will Rome II be cast onto the 'bonfire of regulation'?
With Brexit Minister, Lord Frost, stating that the time has come for a substantive review of retained EU law, Rome II’s days may be numbered. We discuss a number of personal injury claims that have considered Rome II, in addition to the European Commission’s recent report on this regulation.
Read more...

HGV shortage: risks for the personal injury market
In the last few months the UK has seen stock shortages, long lead times for once easily available products and an inability for drivers to readily access fuel. As the government looks at ways to remedy the shortage of drivers, we explain how this may exacerbate what are already common causes of accidents in personal injury claims.
Read more...

Work health and safety transformation is an issue for insurers
For employers and employees alike, the pandemic could have a long-tail effect with secondary health and safety issues arising further down the line, for which they are poorly prepared and under-insured. We set out how the insurance industry will need to adapt to reflect the changing landscape of COVID-19 related risks. 
Read more...

‘Building back better’ - the future is flexible
The Department for Business, Energy and Industrial Strategy recently launched a consultation on amending existing flexible working legislation. We consider what this means for businesses and their insurers.
Read more...

Genuinely injured...but still fundamentally dishonest
The application of Section 57 of the Criminal Justice and Courts Act 2015 has continued to evolve when it comes to fundamental dishonesty in personal injury claims. We offer some illustrative case studies of judges finding in favour of the defendant and ensuring that they will not be left out of pocket for defending their claim. 
Read more...

Watch this space: fixed recoverable costs are coming
In a long-awaited update, the Ministry of Justice announced on 6 September 2021 that the proposals to extend fixed recoverable costs (FRCs) will indeed be introduced. We provide a recap on our response to the 2019 consultation, explain our initial thoughts on the government’s recent proposals, and set out next steps before the new FRCs come into force. 
Read more...

Share

Follow us:

News

Kennedys’ virtual work experience programme hits 10,000 enrolments

Since the programme launched last August, we are thrilled to announce that our virtual work experience programme has hit 10,000 enrolments, ensuring that the widest possible pool of would-be lawyers can gain a taste of legal life.

Read more...

Report

Geopolitical outlook: Kennedys' business risk barometer

This report identifies the key issues causing the greatest negative impacts to liability risks, representing a range of ESG issues such as disease (post-pandemic), pollution and corruption, and provides businesses and their insurers with a clear understanding of emerging risk to enable long-term sustainable operations.

Find out more...

Authors of articles

David Armstrong

London

Sean Burns

New York

Cameron Clark

Sheffield

Gordon Davidson

Manchester

Niall Edwards

Sheffield

Georgia Hampton-Murray

London

Joy Middleton

Chelmsford

James Newby

Manchester

Daniel Sandler

Manchester

James Shrimpton

Birmingham

Sandip Sidhu

Birmingham

Vicky Strathern

Chelmsford

Lewis Thompson

Sheffield

 

 

Edited by