Roger Cooper looks at a line of authorities in relation to road traffic accidents which has confused the standard approach to liability ‘Sometimes it is argued that because a breach of duty gave rise to the occasion upon which an accident occurred it caused the accident. This is a fallacy.’Are you aware of the ‘coincidence …
Continue reading "Negligence: A simple question of breach of duty?"
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In the conclusion to a two-part analysis Julian Bremner suggests a cautious approach to new client enquiries with a focus on risk management ‘The risk of exposure to negligence highlighted by Padden is analogous to the risks posed by providing limited services on a limited retainer, often referred to as “unbundling”.’The first part of this …
Continue reading "Negligence: Tread carefully"
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One of the more intellectually challenging concepts in the field of clinical negligence is that of material contribution. Julian Matthews highlights two recent cases which illustrate some of the issues which arise ‘A defendant cannot be held to be liable for loss or damage that it did not cause or to which it made no …
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Alex Fox and Clare Arthurs report on a recent decision clarifying the duties of banks ‘Where a bank undertakes a regulated activity in circumstances where failure to comply with a statutorily imposed regulation is likely to cause damage to the counterparty, robbing it of its informed choice, a duty of care arises at common law …
Continue reading "Negligence: Don’t bank on it: borrowers, lenders and the duty of care"
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David Robinson discusses a recent case on the ambit of a solicitor’s duties NIAL relied upon the fact that the limit of indemnity of Eversheds’ professional indemnity insurance greatly exceeded £3m and also that Eversheds had failed to explain the effect of either clause to NIAL before the retainer was signed. In Newcastle International Airport …
Continue reading "Negligence: Flight testing"
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Wills & Trusts Law Reports | January/February 2013 #126The defendant Bank of New York Trust Co (Cayman) Ltd (BNY Cayman) was sole trustee of the Beverley and Howden Settlements from June 1999 until February 2005 and trustee of the London Settlement from March 2000 until November 2002. The first plaintiff, Helmsman Ltd (H(1)), is a Bermudian company and now the sole trustee of the Beverley and Howden Settlements. The second plaintiff, the Hotham Trustee Co Ltd (H(2)), is an English company and the sole trustee of the London Settlement. The Beverley and Howden Settlements (the UK settlements) provide that the proper law of the settlement is th...
Geoff Clarke QC discusses the differing treatments of judgement by professionals at work and when they are driving home ‘Cases where claimants succeed in questions involving clinical judgement are restricted to those where the practice followed is indefensible. If a practice can be shown to be in operation, even if the balance of opinion is …
Continue reading "Negligence: Double standards"
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