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Showing 132 out of 144 results
Court of Appeal rules on factors to be taken into account when setting fines for breaches of environmental and health and safety law
In a judgment that will be of interest to all businesses that may find themselves defending health and safety or environmental prosecutions, but …
New York High Court rejects novel cause of action for medical monitoring
For many years, plaintiffs in United States courts have sought to avoid established limits on tort claims, and to recover compensation even when …
Update on defamation legislation - coming into force 1 January 2014
On 1 January 2014, four important legislative changes concerning the law of defamation will come into force including the Defamation Act 2013. Click here …
Cartel follow-on damages claim did not come within jurisdiction clause
The Court of Appeal has held that a claim for losses caused by an Italian cartel did not come within a jurisdiction clause giving non-exclusive …
Court of Appeal finds company in liquidation not prevented from claiming against directors on basis fraud attributable to company
The Court of Appeal has unanimously upheld an order refusing to strike out a claim by a "one-man" company in liquidation, which had been the …
Privy Council finds tort of malicious prosecution available for civil claims
The Privy Council has held, by a majority, that a claim for malicious prosecution may be brought in respect of civil as well as criminal …
Court of Appeal confirms mental element of deceit
The Court of Appeal has considered the mental element required for a successful claim in deceit, or fraudulent misrepresentation, finding that there is …
New Defamation Act receives Royal Assent
The Defamation Bill received Royal Assent on 25 April 2013. The main changes to the current law concern corporations and their ability to sue, website …
US Supreme Court decision reduces risk of US claims for violation of international law where no US connection
In a much-anticipated decision concerning the reach of the Alien Tort Claims Act (“ATS“) to foreign actors, the US Supreme Court has concluded that ATS …
The burden of proof and competing theories on causation
The Court of Appeal recently handed down judgment in the case of Nulty v Milton Keynes Borough Council [2013] EWCA Civ 15. The case concerned an appeal …
No strict liability for accidental fire damage
In the case of Stannard v Gore [2012] EWCA Civ 1248 decided on 4 October 2012, the Court of Appeal considered the basis of liability for damage …
Court of Appeal overturns finding that customer's investment loss was too remote
The Court of Appeal has overturned a first instance judgment that a customer's loss on his investment was too remote to be recoverable. It said the judge …
Showing 132 out of 144 results
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