Keoghs Insight

We keep you up-to-date on emerging market issues and their impact on the insurance sector,
through a variety of publications, events and our leading market initiatives.

Blogs 05/05/2021

Legal Professional Privilege

After any work-related accident, businesses are often asked by regulators to share their investigation reports with the police, and/or the local authority or Health and Safety Executive (“HSE”). The HSE often uses these reports as evidence volunteered by a company of the facts on which they decide to issue summonses and then also in court to prove that offences have been committed.

Blogs 22/04/2021

Mustard, Tech and TBI

The recent decision of Master Davison in Mustard v Flower (“Part 2”) hit the headlines primarily due to the decision concerning contingent pleading of fundamental dishonesty. However, there was a sting in the tail for the claimant’s legal team who, to our mind, failed to abide by the clear tenor and wording of an earlier order controlling expert evidence. The context of the decision is a case of alleged mDAI (microscopic diffuse axonal injury) and developing research. Brain Injury Special Interest Group Lead, Libby Ferrie, examines the case and some new research.

Blogs 21/04/2021

Remote hearings – here to stay?

March 2020; faced with a government lockdown and social distancing measures, courts threatened to come to a standstill. County courts around the country were adjourning hearings en masse. In response, and with remarkable speed Her Majesty’s Courts and Tribunals Service joined the 21st century and hearings went remote.

Blogs 13/04/2021

Will recovering Air Ambulance costs “take off”?

A recent article in the Law Gazette[1] highlighted a potential claim for a charitable donation to the Air Ambulance, in the region of £4,000. The firm involved were “seeking to routinely recover these donations” made by “injured parties and their families...”. In the aftermath of financial pressures from the pandemic we may see a rise in such claims.