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 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.

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.

Client Alerts 20/04/2021

Guidance on vicarious liability and non-delegable duties

The High Court has now handed down the judgment in SKX v Manchester City Council [2021] EWHC 782 (QB) which provides further helpful guidance on vicarious liability and non-delegable duties where local authorities place children in their care in private children’s homes.

Client Alerts 19/04/2021

Mapping the future: The ONS reviews its publication timetable

The ONS have just published its response to a consultation on the future timescale and methodology for national population projections (NPPs) and subnational population projections (SNPPs). The last projections were based on 2018 data and were published in October 2019. It will be recalled that these were of importance in the world of complex injury in that they served to depress life-time losses due to a flattening of the previously-projected increase in life expectancy. These new projections served to reduce life-time multipliers and whilst limited, provided some counterbalance to the reduction in the discount rate.

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.