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  • Article

    Bermuda Corporate Insurance Brief: Market Insights

    Many Bermuda-registered companies are now subject to new beneficial ownership registration requirements by virtue of the Companies and Limited Liability (Beneficial Ownership) Amendment Act 2017, ...
    BermudaInsurance
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Using DIFC courts as a "conduit jurisdiction": Update on enforcing a foreign court judgment in the UAE

    This article follows up on a point of law we mentioned in our article dated 9 February 2016, which concerned a July 2015 decision by H.E. Justice Ali Al Madhani in the Dubai International Financial Centre's Court of First Instance case of DNB Bank ASA v. (1) Gulf Eyadah Corporation (2) Gulf Navigation Holding PJSC (case reference CFI 043/2014).
    United Arab EmiratesLitigation, Mediation & Arbitration
    Kennedys
    Kennedys
  • Article

    An Offshore International Arbitration Centre For The Americas: Is There Room For Only One?

    The British Virgin Islands (BVI) has gone "all in" to establish itself as a leading venue for international arbitrations, riding the current wave of popularity for resolving international commercial disputes through arbitration.
    BermudaLitigation, Mediation & Arbitration
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Marketing of insurance policies in the United Arab Emirates - are you doing it right?

    It is not uncommon to hear from an insurer that its competitors are resorting to unfair means of marketing to get a bigger share of the "pie".
    United Arab EmiratesInsurance
    Kennedys
    Kennedys
  • Article

    Back To Basics: Arbitration Under Insurance/Reinsurance Contracts In The UAE

    We continue our series with a high-level overview of arbitrating under an insurance/reinsurance contract governed by UAE law.
    United Arab EmiratesLitigation, Mediation & Arbitration
    Kennedys
    Kennedys
  • Article

    Balancing Act: The duty of health professionals to patients and the public when assessing fitness to drive

    Assessing Fitness to Drive (AFTD) outlines the medical standards for driver licensing in Australia.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Kennedys
    Kennedys
  • Article

    Bariatric surgery case clarifies standard of care

    For medical practitioners, this case is a timely reminder of the importance of maintaining detailed patient notes.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Kennedys
    Kennedys
  • Article

    Medical Board of Australia v AEB: The risks of providing treatment to family members

    The case of AEB is indicative of the dangers associated with the medical treatment of family and close friends.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Kennedys
    Kennedys
  • Article

    Insurance forecast 2023: claims trends and future risks

    Highlights some of the key trends that we anticipate will shape the insurance agenda for 2023 & beyond.
    AustraliaInsurance
    Kennedys
    Kennedys
  • Article

    Trustee Indemnities: Secure At All Costs?

    It is well recognised that a trustee has a right to retain trust assets from a beneficiary in order to meet proper trust expenses and future contingent liabilities.
    BermudaCorporate/Commercial Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Don't Let Sleeping Dogs Lie: Intentional Delay And Contumelious Conduct In Civil Litigation

    In HSBC v Vigilante et al [2024] SC (Bda) 74, the Supreme Court of Bermuda struck out proceedings for delay, in what appears to be the first reported (or otherwise electronically available) civil case in Bermuda struck out because of the contumelious conduct of the claiming party.
    BermudaLitigation, Mediation & Arbitration
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Carlyle: An Exposition Of Directors' Duties

    The Royal Court of Guernsey's decision on the duties of directors is significant for the wider offshore financial services market and for D&O insurers.
    GuernseyCorporate/Commercial Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    The Police Service of Northern Ireland data breach: simple human error has significant implications

    Unfortunate incident exemplifies the importance of having robust policies & procedures to ensure the security of personal data.
    Northern IrelandPrivacy
    Kennedys
    Kennedys
  • Article

    Insurance Disputes In The UAE – Some Useful Pointers

    Handling disputes in a foreign jurisdiction can prove to be a challenge and more so in a unique jurisdiction like the UAE, which boasts different sets of laws for onshore and offshore (freezone) companies.
    United Arab EmiratesInsurance
    Kennedys
    Kennedys
  • Article

    Does a party to litigation have a common law duty to preserve evidence in Florida?

    Article reviews the general Florida law relating to a litigant's duty to preserve evidence.
    United StatesLitigation, Mediation & Arbitration
    Kennedys
    Kennedys
  • Article

    Data Protection

    United KingdomInsurance
    Kennedys Law
    Kennedys Law
  • Article

    Illuminating pay disparity: Australia embraces global transparency trends – essential steps for businesses in anticipation of the 2024 reforms

    Businesses should prepare for new reporting requirements on gender equality indicators, in effect from 1 April 2024.
    AustraliaEmployment and HR
    Kennedys
    Kennedys
  • Article

    The Buck Stops Here: The Limits Of Bankers' Quincecare Duty For Push Payment Fraud

    Fiona Lorraine Philipp v Barclays Bank UK PLC [2021] concerned a couple, the victims of a "push payment" fraud, who were unable to recover damages from their bank for failing to prevent the...
    BermudaCriminal Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Supreme Court of NSW dismisses direct claim against insurer under Third Party Claims Act

    Commentary on third party claims for insurance proceeds, as well as the circumstances which might give rise to indemnity under claims-made liability policies.
    AustraliaInsurance
    Kennedys
    Kennedys
  • Article

    Australia proposes Cyber Security Bill to strengthen cybersecurity across public and private sectors

    Law specifically designed to strengthen cybersecurity across the whole of the Australian public and private sectors.
    AustraliaPrivacy
    Kennedys
    Kennedys

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