Download Liability Brief - Kennedys

Despite that, Moore-Bick LJ did accept that there were “important questions about
the current state of the law on mitigation which have implications beyond the
confines of road traffic accident cases”. He felt that it would be beneficial for
these questions to be considered at the highest level as soon as a suitable
opportunity arises.
Read our reports on the recent Court of Appeal credit hire decisions in Bent v
Highways and Utilities Construction Ltd and Allianz Insurance and Pattni v First
Leicester Buses Ltd. (link to http://www.kennedyslaw.com/casereview/basichirerate/
and http://www.kennedyslaw.com/casereview/pecuniousclaimant/)
For further information please contact Graham Thompson on +44 114 253 2073 or
email graham.thompson@kennedys-law.com or contact Oliver Tucker on +44 114
253 2074 or email o.tucker@kennedys-law.com.
Feature articles
Focus on FOIL
With an Executive Committee made up of representatives from member firms,
including Rachel Moore of Kennedys, the Forum of Insurance Lawyers (FOIL) is a
powerful force in the industry. Originally formed to sit alongside the Association of
Personal Injury Lawyers to ensure that the full range of views was heard, FOIL has
developed and widened its focus into defence insurance generally.
For anyone involved in the liability world, the current changes under consideration
are variously seen as presenting opportunities and threats to the way of life as we
know it. Whilst many firms will be keeping themselves and their clients ahead of
the game (for example you will see regular updates from Kennedys’ Civil Justice
Group within Liability Brief) many defence insurance practitioners will also be
members of FOIL. As the voice of the defendant insurance lawyer community, FOIL
is pushing for a more transparent and proportionate claims environment.
What does FOIL do?
A few statistics from the last year might help:
16 Sector Focus Teams (SFTs) - the SFTs are made up of experts in their field.
They are responsible for feeding back detailed comment and review on the live
issues in that area, whilst also being a positive driver for FOIL policy, through
input into the consultation responses and articles. Kennedys supports many of
the SFTs. Tim Wilson is involved in the catastrophic injury SFT and hosted its
workshop on periodical payments in October 2011, at which a number of
insurers were represented. Tom Armstrong and Kathy Dwyer are involved in the
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