Assurances

eAlerts Récentes

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  17/04/2024

  Hongrie

  Hungary proposes widening scope of financial entities under DORA Regulation

  On 10 April 2024, the Hungarian Parliament adopted a new law on the detailed rules implementing the DORA Regulation – Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector (Digital Operational Resilience Act – DORA). The following article summarises the main differences between the scope of DORA and the Implementing Law.Scope of DORA in generalDORA lays down uniform requirements concerning the security of network and information systems supporting the business processes of financial entities...

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  15/04/2024

  United Kingdom

  Fundamentally dishonest claimant’s claim dismissed: s.57 of the Criminal Justice & Courts Act 2015 in action

  In Kirsty Williams- Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), a claimant who had sustained serious injuries following her fall from a pier in 2018 had her claim dismissed because the judge, applying s.57 of the Criminal Justice & Courts Act 2015, concluded that she had been fundamentally dishonest and that dismissing her claim would not cause “substantial injustice”.The claimant was found to have lied, seriously and repeatedly, in relation to her ongoing condition, and to have been wholly unrepentant when giving evidence. Her dishonesty was unravelled,...

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  08/04/2024

  Hongrie

  Hungary proposes ex-ante competition tool to regulate essential companies

  On 2 April 2024, the Hungarian Ministry of Justice submitted an omnibus act to the Hungarian parliament proposing the amendment of several Hungarian laws, including the Competition Act. This Proposal’s most noteworthy element is – based on the German example – expanding the Hungarian Competition Authority’s (HCA) toolbox by introducing a new ex-ante regime enabling the HCA to impose obligations on certain companies without first having to demonstrate a violation of the law.This following article summarises the Proposal’s new rules, potential consequences and next steps.PROPOSED...

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  04/04/2024

  England and Wales

  Supreme Court ruling on the correct approach for assessing PSLA in “mixed injury” claims

  In a judgment welcomed by claimants, the Supreme Court has upheld the Court of Appeal’s decision in the case of Hassam & Anor v Rabot & Anor [2023] EWCA Civ 19 in respect of the correct approach to take when assessing damages in mixed injury cases.Mixed injury cases are those where a claimant suffers a whiplash injury which falls within the scope of the fixed tariff system contained within the Whiplash Injury Regulations 2021 (made under the Civil Liability Act 2018) but also suffers additional injury which does not fall within the tariff system and is subject to a common law assessment...

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  03/04/2024

  Ukraine

  Register of Damage for Ukraine is open for claims submission

  On 2 April 2024, the Register of Damage for Ukraine opened the claims submission process for compensation for damage, loss or injury caused by Russian aggression against Ukraine. The launch took place as part of the Ministerial Conference "Restoring Justice for Ukraine" co-hosted by the Netherlands, Ukraine and the European Commission at the World Forum in The Hague.As a reminder, the official website of the Register of Damage for Ukraine was launched on 4 March 2024. The website contains the following:documents governing the work of the Register;answers to frequently asked questions on the Register’s...

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  20/03/2024

  United Kingdom

  Court of Appeal clarifies legal test of reasonable foreseeability in mesothelioma claims

  The Court of Appeal has issued important guidance on the legal test to be applied in establishing liability in asbestos-related mesothelioma claims. In a number of cases the Judgment will make it harder for claimants to succeed in their claims. It will however be welcomed by defendants and insurers.In White v Secretary of State for Health and Social Care and Cuthbert v Taylor Woodrow [2024] EWCA Civ 244 the two deceased workers had been exposed to light or intermittent levels of asbestos. They had gone on to develop mesothelioma around 2019/21, from which both subsequently died. Their exposure...

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