David Kemeny 3

David Kemeny

Year of Call: 2016
Email Address: [email protected]
CJSM: [email protected]
Telephone: 01202 292102

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Clerk Details

Personal Injury

Personal Injury matters comprise the mainstay of David’s practice, and he accepts instructions from both Claimants and Defendants in all related fields.  His expertise covers road traffic accidents, slipping and tripping claims under the Occupier’s Liability and Highways Acts, vicarious liability, employer’s liability and public liability disputes.  David is confident carrying out complex calculations of special loss, including multiple losses at varying periods and rates of interest, future loss of earnings and Fatal Accident Act dependency claims.

Examples of recent work include:

  • Advising on quantum of general and special damages where medical evidence as to physical and psychological injuries is in dispute
  • Advising on the recoverability of damages in relation a diagnosis of early-onset Alzheimer’s Disease following a traumatic brain injury
  • Drafting proceedings against multiple defendants in respect of injury caused by defective building works within a residential property
  • Drafting proceedings against the Motor Insurers’ Bureau
  • Trial in respect of an assault by one serving prisoner against another on the Prison Estate

Credit Hire

David is frequently instructed by both Claimants and Defendant to argue issues relating to credit hire charges.  He is available to provide training and advise on matters of disclosure.

International

David is developing a practice involving claims with an international element.  He has previously advised on matters of cross-border service and jurisdictional challenges, claims involving foreign insurers, and claims brought under the Montreal Convention.  David also accepts instructions involving accidents abroad, including package holiday claims.

David speaks fluent French and German and has a working understanding of Danish and Portuguese.

Costs

David is quickly developing considerable expertise dealing with costs, in particular the application of fixed costs rules to cases commencing under the various low-value Protocols.  He has experience of costs budgeting in Multi-Track cases, wasted costs orders, applications to disapply Qualified One-Way Costs Protection in personal injury cases, and advising on the costs of appeals in the High Court.  David also accepts instructions in costs-only proceedings.

  • Articles

    • Too remote, or not too remote? That is the question Case analysis: Armstead v Royal & Sun Alliance Insurance Company Limited [2024] UKSC 6

      13th Mar 2024

      David Kemeny analyses the case Armstead v Royal & Sun Alliance Insurance Company Limited [2024] UKSC 6, which is of immense importance to understanding the fundamental legal principles underpinning the recoverability of damages in the law of tort, and should be read by students and practitioners alike.

      View Article

    • Electric scooters: a brief synopsis of the current regulatory regime

      23rd Jun 2021

      David Kemeny reviews the regulatory regime concerning the use of electric scooters, in light of their growing popularity and the increasing number of trials taking place in the UK, from Truro to Teeside and Copeland to Canterbury.

      View Article
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