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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.
Client Alerts 06/05/2021
Interim Payments: A lesson for the unwary
In the recent High Court case of PAL v Davison, the judgment raises a number of interesting practice points relevant to dealing with multi-million pound interim payment applications made shortly after life-changing accidents. Jamie McCabe explains more.
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.
Client Alerts 29/04/2021
U-turn if you want to: Court rejects the claimants’ “Counsel of perfection” and “the fallacy of coincidence of location”:
The case of YYY (1) & others v ZZZ [2021] EWHC 632 (QB) (contribution proceedings) came before the High Court on 16 March 2021 on the seventh anniversary of the relevant road traffic accident. Keoghs acted for the defendant’s insurer in this case.
Client Alerts 26/04/2021
TV Psychic unable to predict his own downfall – “Fundamental Dishonesty” in action
Another success achieved by esure and Keoghs, this time as a high value claim is dismissed at trial with the claimant found to have been ‘fundamentally dishonest’ pursuant to s57 CJCA 2015. At its peak the claim exceeded £700,000 in value.
Client Alerts 23/04/2021
Part 36 enforceability in protected party cases
In this client alert, Partner Jamie McCabe discusses the recent case of Wormald v Ahmed [2021] EWHC 973 (QB) HHJ Ambrose, which has provided important guidance to those seeking to resolve catastrophic injury cases where the claimant is a minor or protected party by virtue of a lack of capacity.
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.