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  • New human tissues and cells quality and safety standards in Italy

    Articolo

    Ultima consultazione: 19 February 2008 / Inviato: 19 February 2008

    Legislative Decree 191 (November 2007) sets out quality and safety standards for donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells.

  • Arbitration clauses - Fiona Trust v FILI Shipping Company Limited Accesso limitato

    Articolo

    Ultima consultazione: 07 December 2007 / Inviato: 07 December 2007

    There will, from now on, be a strong presumption that where an agreement contains an arbitration clause, commercial parties intend any dispute arising out of that relationship to be decided by the arbitrator.

  • Liability of auditors to the parent of a client

    Articolo

    Ultima consultazione: 11 October 2007 / Inviato: 11 October 2007

    Andrew Smith looks at the case of MAN Nutzfahrzeuge v Freightliner in which the Court of Appeal held that an auditor did not owe a special audit duty to the parent of a client to protect it from loss resulting from fraud on the part of that client.

  • Auditors fail to strike out claim on ex turpi causa grounds

    Articolo

    Ultima consultazione: 22 August 2007 / Inviato: 22 August 2007

    There is a well established legal principle that the courts will not allow a person to found a cause of action on an immoral or illegal act. In Stone & Rolls v Moore Stephens, a firm of auditors tried, but failed, to strike out a claim on the basis that it infringed this principle. In this article, we review the judge`s reasoning.

  • Umbilical cord stem cell storage in Italy

    Articolo

    Ultima consultazione: 06 July 2007 / Inviato: 06 July 2007

    Urgent measures regarding storage of umbilical cord stem cells issued by the Italian Ministry of Health on 04 May have failed to live up to expectations.

  • European Commission interim report on its business insurance inquiry Accesso limitato

    Articolo

    Ultima consultazione: 02 March 2007 / Inviato: 23 February 2007

    A summary of the key findings set out in the European Commission`s interim report on the business insurance sector.

  • Mistake - misrepresentation: Kyle Bay Limited v Underwriters Accesso limitato

    Articolo

    Ultima consultazione: 14 February 2007 / Inviato: 14 February 2007

    A settlement agreement was not void for mistake as the mistake in question, whilst significant, did not render the subject matter of the agreement `essentially and radically different` from the subject matter that the parties believed to exist.

  • Professional negligence - causation: Beary v Pall Mall Investments Accesso limitato

    Articolo

    Ultima consultazione: 22 January 2007 / Inviato: 13 May 2005

    The approach to causation adopted by the House of Lords in Chester v Afshar should not be applied to claims for negligent financial advice.

  • A guide to policy wording for commercial insurance buyers Accesso limitato

    Articolo

    Ultima consultazione: 20 October 2006 / Inviato: 20 October 2006

    A guide that seeks to explain the meaning and legal effect of some of the terms used in English insurance law and policy wordings, and to highlight some areas of policy wording which can give rise to difficulties in the event of a claim.

  • Insurance - Business transfer schemes - Independent experts Accesso limitato

    Articolo

    Ultima consultazione: 10 July 2006 / Inviato: 10 July 2006

    Where an independent expert had been appointed under the Financial Services and Markets Act 2000 to prepare a report, there had to be strong grounds for supposing that the expert had mistaken their function or made an error before a challenge to their rep

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