Searching Content indexed under Professional Negligence by CMS Cameron McKenna Nabarro Olswang LLP ordered by Published Date Descending.
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Claims Trends Against Solicitors; Court Statistics
With the severity of the economic downturn continuing to bite, most law firms would probably accept that such conditions have exacerbated the liability risks they face.
16 Jul 2012
Individual Managers Facing Prosecution Over Four Firemen Deaths
We recently reported on the trial of three Warwickshire fire services managers charged with manslaughter.
6 Jun 2012
Expert Evidence In Professional Negligence Claims
recent High Court decision has provided practical guidance on the use of expert evidence in professional negligence claims.
22 Feb 2012
Companies To Be Prosecuted For Health and Safety Breaches Over Potters Bar Rail Crash
The Office of Rail Regulation ("ORR") announced yesterday that two companies face criminal proceedings for breaches of the Health and Safety at Work etc. Act 1974 ("HSWA").
15 Nov 2010
No Fire Risk Assessment At Fire Training Facility
In May of 2009, a fire broke out at the UK Fire Service College in Moreton-in-Marsh, Gloucestershire.
12 Mar 2010
First Corporate Manslaughter Case Adjourned Until September
The first prosecution under the Corporate Manslaughter Act 2007 ("the 2007 Act") has been adjourned until September.
2 Mar 2010
First Corporate Manslaughter Case To Begin 26 February 2010
The first prosecution under the Corporate Manslaughter Act 2007 ("the 2007 Act") will begin Friday 26 February 2010. Cotswolds Geotechnical Holdings Limited ("Cotswolds") has been charged under the 2007 Act for the death of Alexander Wright, a 27 year old geologist.
2 Mar 2010
Accountants PI: The Illegality Defence
A recent High Court decision has highlighted the difficulty in relying upon the illegality defence to defeat a claim in the context of a professional negligence claim, where a claimant is claiming losses flowing from his conviction for a strict liability criminal offence.
24 Feb 2010
Sentencing Guidelines Council's Definitive Guidelines Published
The Sentencing Guidelines Council (the Council) published their definitive guideline (applicable in England and Wales but not in Scotland) on sentencing in relation to the Corporate Manslaughter and Corporate Homicide Act 2007 (the 2007 Act) on 9 February 2010.
15 Feb 2010
Manslaughter Charges - French Concorde Crash Trial Begins
Five individuals and Continental Airlines have appeared on manslaughter charges as the trial relating to the crash of an Air France Concorde began on Tuesday this week.
5 Feb 2010
Update On Limitation In Professional Negligence Claims
In our previous Law Now "Limitation in Professional Negligence Claims" we explained how the courts are increasingly finding that professional negligence claims will become time-barred 6 years after the date of advice, regardless of whether the claim is made in contract or tort.
25 Nov 2009
Sentencing For Corporate Manslaughter And Health And Safety Offences Causing Death
In anticipation of the coming into force of the Corporate Manslaughter and Corporate Homicide Act 2007, the Sentencing Advisory Panel (the Panel) issued a Consultation Paper on Sentencing for Corporate Manslaughter to the Sentencing Guidelines Council (the Council) in November 2007.
28 Oct 2009
Corporate Manslaughter: First Ever Prosecution Under New Law
The Crown Prosecution Service is bringing its first ever prosecution against a company under the Corporate Manslaughter and Corporate Homicide Act 2007, which entered into force last year, following the death of an employee in an accident.
20 May 2009
Directors´ Fiduciary Duties: Inactivity May Be A Breach Of Duty
In a recent case the Court of Appeal has ruled that, where a director commits fraud, his or her fellow directors are in breach of their own duties to the company in allowing the fraud to happen, and cannot defend themselves on the grounds that the fraudster would have deceived them if they had tried to prevent the fraud.
18 Mar 2009
Limitation In Professional Negligence - Not The "Real World"?
In an interesting judgment last week, a High Court judge made clear how difficult it can be to determine when damage is suffered for the purpose of limitation rules in professional negligence claims.
21 Nov 2008
Surveyors’ Duties: When Exercising Reasonable Skill And Care Is Not Enough
A recent Court of Appeal decision has established that the duties imposed by a surveyor’s retainer are not limited to carrying out his inspection and valuation with reasonable skill and care.
7 Aug 2008
Duty Of Care And Novation Difficulties
A judgment last Thursday shed light on the confused law as to when a duty of care is owed for pure economic loss.
23 Jul 2008
Damages: Calculating Diminution In Value
The Technology & Construction Court (TCC) has recently considered the issue of how to calculate diminution in value, in the context of a professional negligence claim against a structural engineer.
7 May 2008
Corporate Manslaughter: Should Directors Be Worried?
Following lengthy consultation and Parliamentary debate, the Corporate Manslaughter and Corporate Homicide Act has received Royal Assent and the majority of it will come into force on 6 April 2008. The Act provides for a statutory offence of ‘corporate manslaughter’ (in Scotland, ‘corporate homicide’) where the death of an individual is caused by an organisation.
8 Apr 2008
Professional Indemnity: Architects
In Pearson v Charter Partnership, the Court of Appeal revisited the principles underlying the decision in Baxall which allowed a negligent architect to escape liability in tort due to an intervening event.
1 Oct 2007
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