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  • Article

    A Question Of Harassment

    Anxiety claims under the 1997 Act may drop following a recent Court of Appeal decision.
    United KingdomEmployment and HR
    Kennedys Law
    Kennedys Law
  • Article

    Provisional Liquidation As A Restructuring Tool

    The procedure was first used in Bermuda in 1999 in the reorganisation of ICO Global Communications Limited, a case in which there was a strong US creditor base.
    BermudaInsolvency/Bankruptcy/Re-Structuring
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Here comes the Hook - the masters power to confine passengers confirmed by NSW Court of Appeal

    Recent decision provides clarity & confirms the power of the master of the ship to arrest or confine a person at common law.
    AustraliaTransport
    Kennedys
    Kennedys
  • Article

    Kennedys' Q4 2025 Regulatory Round-up (Insurance Focus)

    Welcome to Kennedys' quarterly regulatory round-up. In this issue we will summarise the key regulatory updates from Q4 2025 which relate to insurers.
    BermudaInsurance
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Bermuda Incorporated Segregated Accounts Companies

    In November 2019, Bermuda enacted the Incorporated Segregated Accounts Companies Act 2019 (the ISAC Act), a testament to the jurisdiction's commitment to providing pragmatic solutions to...
    BermudaCorporate/Commercial Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Insurance Sector Operational Cyber Risk Management Code Of Conduct

    The Bermuda Monetary Authority (BMA) issued on 6 October 2020 the Insurance Sector Operational Cyber Risk Management Code of Conduct (Code)
    BermudaInsurance
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Claimants Behaving Badly

    When might a defence based on the ex turpi or illegality principle be successful in a tort case? The ex turpi rule (or ex turpi causa non oritor actio, to give the principle its full name) is that no legal action based on illegality can succeed
    United KingdomLitigation, Mediation & Arbitration
    Kennedys Law
    Kennedys Law
  • Article

    Cleared For Takeoff? Tracking Australia’s Proposed Aviation Consumer Protection Reform

    Welcome to the first in our series of articles on the Aviation Consumer Protection Bill 2026 and its 3 related bills (ACP Bill package), a proposed reform intended to establish a new aviation consumer protection framework in Australia.
    AustraliaTransport
    Kennedys
    Kennedys
  • Article

    It doesn't pay to be wishy-washy - spotlight returns to penalties for greenwashing

    Greenwashing and misleading conduct involving ESG claims has been an enforcement priority of ASIC.
    AustraliaEnvironment
    Kennedys
    Kennedys
  • Article

    The implications of the new guidelines on medical practitioners who perform cosmetic surgery and procedures

    Those who perform cosmetic surgery will be subject to new guidelines under s39 Health Practitioner Regulation National Law.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Kennedys
    Kennedys
  • Article

    High Court of Australia dismisses insurers' appeal to quash class action

    The class action from a defective residential apartment building in NZ could proceed directly against insurers in NSW.
    AustraliaLitigation, Mediation & Arbitration
    Kennedys
    Kennedys
  • Article

    APRA v Bedingo And Adelaide Bank: A Wake-up Call For Directors And Officers

    The Australian Prudential and Regulatory Authority has launched unprecedented civil penalty proceedings against Bendigo and Adelaide Bank following a 2023 cybersecurity breach that exposed critical weaknesses in the bank's risk management systems. This landmark case signals a fundamental shift in regulatory enforcement, extending accountability beyond corporate entities to individual directors and officers who fail to ensure adequate cybersecurity controls are functioning as intended.
    AustraliaTechnology
    Kennedys
    Kennedys
  • Article

    Bermuda Charts A Course For A New Competition Regime

    The centrepiece of the proposed framework is the transformation of the existing Regulatory Authority into the Competition and Regulatory Authority (CRA). Whilst continuing to perform its existing sector-specific regulatory functions, the CRA is set to become a comprehensive market regulator, with new investigative, adjudicative and enforcement powers.
    BermudaAntitrust/Competition Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Impact of fixed recoverable costs on property damage claims

    Surveys central changes to FRC that will soon be applicable to property damage claims under a value of £100,000.
    EnglandLitigation, Mediation & Arbitration
    Kennedys
    Kennedys
  • Article

    FIDIC Time Bar Provisions

    Given the frequency with which we have referred to, or had others refer us to, the above English High Court decision, we thought it would be useful to provide the following refresher.
    United Arab EmiratesReal Estate and Construction
    Kennedys
    Kennedys
  • Article

    Legal Focus: PFAS litigation risks mount as EU claims rise

    Concern about the environmental and health risks of PFAS-related substances has led to an increase in lawsuits globally.
    United KingdomEnvironment
    Kennedys
    Kennedys
  • Article

    Part 36 Offers – Costs Penalties For Claimants: Beating The Payment In Is Not Necessarily Enough

    It has never been a level playing field for Defendants when it comes to Part 36 offers, but arguably, recent case law and changes to the Part 36 rules go some way to improving the situation for Defendants.
    United KingdomLitigation, Mediation & Arbitration
    Kennedys Law
    Kennedys Law
  • Article

    BMA Proposes To Intensify Governance And Risk Management Expectations Applicable To Commercial Insurers Investing In Non-Publicly Traded Assets

    The Bermuda Monetary Authority has issued a consultation paper on "Proposed Instructions and Guidance on the Application of the Prudent Person Principle"
    BermudaInsurance
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Thinking about Letby and the role of whistleblowers in the health industry

    If adverse matters seem to be happening in the hospital workplace, medical staff should be aware of reporting avenues.
    AustraliaEmployment and HR
    Kennedys
    Kennedys
  • Article

    Thinking about Letby and the role of whistleblowers in the health industry in Victoria

    Medical practitioners in Australia are subject to statutory mandatory reporting obligations.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Kennedys
    Kennedys

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