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Casualty Aware 2
Welcome to the second edition of Keoghs’ Liability AWARE.
Having waited for what seems like an eternity, it is finally here. I am of course talking about Spring. The same might be said of the implementation of the Jackson reforms which came into effect, to a large extent, on 1 April.
As the daffodils and crocuses force their way through the long-frozen earth, and new-born lambs frolic in the fields, we find ourselves grappling with the implications of qualified one-way costs shifting, costs-budgeting, a new CPR part 36 and a radically different regime for the funding of personal injury claims.
No doubt in the coming months, as Spring gives way to Summer, the changes will become second nature, but for now there is much that is fresh and new to get used to.
Keoghs has always striven to be at the cutting edge as the reforms have taken shape, and that will remain the case as the practical implications become clearer, and in particular how the claimant community responds to a hugely challenging new claims environment. Late-Summer is currently set to bring the new protocol for dealing with liability claims and a new costs regime - more of this in the next edition.
In the meantime, here is a collection of articles on a range of topics which I hope will be of interest and assistance. As always, please do not hesitate to get in touch if anything arises that you would like to discuss.
How far does an employers' duty of care extend in relation to employees attending team building events? Kate Corry investigates.
Kate's 'Case of the Quarter': Laura Aughton looks at a recent case where the judge had to consider whether employees attending charity events are acting in the course of their employment in case of accidents.
Chris Henson looks at the lengths some people will go to to make a fraudulent insurance claim.
Eric Woolley assesses the likely impact of the proposed removal of strict liability from employers' liability in the new ERR Bill.
Trips and falls on roads or pavements aren't always dealt with as straightforward as you may think. Eric Woolley explains.
Julian Dexter gives an overview of the duties involved in the most common golfing claims.
Eric Woolley investigates assaults by third parties on employees in the course of their employment and vicarious liability.