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  • Barker v Corus (UK) Limited Accesso limitato

    Articolo

    Ultima consultazione: 09 September 2008 / Inviato: 12 May 2006

    Causation and the attribution of liability: The House of Lords has clarified the circumstances in which the principle set out in Fairchild v Glenhaven should operate to impose liability on defendants.

  • Should we be worried? Liability risks in international networks Accesso limitato

    Articolo

    Ultima consultazione: 08 September 2008 / Inviato: 16 May 2008

    The increasing integration of global networks, including the recent Ernst & Young merger, throws up questions of liability risks within the networks. This article looks at the circumstances in which a court will extend the liability of a subsidiary to a parent company, or `pierce the corporate veil`, in light of the shift towards the merging of firms within international networks.

  • Not so NICE loses to drug companies on procedural fairness Accesso limitato

    Articolo

    Ultima consultazione: 08 September 2008 / Inviato: 09 May 2008

    The Court of Appeal has found that procedural fairness required NICE to release a fully executable version of the economic model used to assess the cost effectiveness of certain Alzheimer`s Disease drugs.

  • Can BDO International be liable for BDO Seidman? Accesso limitato

    Articolo

    Ultima consultazione: 08 September 2008 / Inviato: 09 April 2008

    The Third District Court of Appeal in Florida has ruled that the decision as to whether BDO International could be liable for BDO Seidman should have been left to the jury, and not dismissed by the judge alone at the beginning of the trial. BDO Seidman is currently appealing the $521m in damages awarded against them for negligence.

  • Non party costs orders against insurers Accesso limitato

    Articolo

    Ultima consultazione: 08 September 2008 / Inviato: 09 April 2008

    Insurers should take note that the courts are willing to make costs orders against them where they funded the unsuccessful defence - even where they were justified in doing so - and the policy limit would be exceeded by the damages and costs awards.

  • The Product Safety Regime. Are you a supplier? Are you aware? Accesso limitato

    Articolo

    Ultima consultazione: 08 September 2008 / Inviato: 09 December 2005

    Overview of general Product Safety Regulations 2005, which came into force on 01 October 2005.

  • Proportionate liability under the microscope Accesso limitato

    Articolo

    Ultima consultazione: 20 August 2008 / Inviato: 20 August 2008

    This article discusses the concept of proportionate liability in the context of auditor’s liability limitation agreements in the Companies Act 2006. In particular, it looks at the common law and Companies Act positions on liability, the FRC Guidance, the FRC specimen terms, and a court’s likely construction of those terms.

  • Auditor liability limitation agreements: new FRC guidance and EC recommendation Accesso limitato

    Articolo

    Ultima consultazione: 08 July 2008 / Inviato: 08 July 2008

    The much awaited FRC guidance on auditor liability limitation agreements has been issued, notably including some further reasons why a director might conclude it was appropriate to enter into a liability limitation agreement. The relevant Companies Act provisions also accord with the newly released EC recommendation on the same.

  • Professional Liability breakfast briefing, June 2008 - Credit crunch: the ripple effect. Spotlight on insurers and professionals Accesso limitato

    Articolo

    Ultima consultazione: 18 June 2008 / Inviato: 18 June 2008

    A summary of the key points arising out of the breakfast briefing on 03 June 2008, presented by James Pollock and Caroline Hunter-Yeats. The breakfast briefing looked at the issues that insurers and professionals (in particular accountants, actuaries, solicitors and surveyors) may face from litigation arising out of the sub prime market collapse.

  • Disclosure of insurance cover Accesso limitato

    Articolo

    Ultima consultazione: 13 June 2008 / Inviato: 13 June 2008

    This article considers an interim judgment refusing the application by the oil company, Total UK Ltd, for disclosure of the insurance cover of an opponent in the Buncefield litigation. The decision in Harcourt (2007), where a party was ordered to disclose its insurance arrangements, was distinguished.

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