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  • Take a blue sky view: alternative torts to negligence

    Articolo

    Inviato: 12 December 2017

    When considering a claim (or counterclaim) in tort, many lawyers’ thoughts begin and end with negligence. The law of tort addresses non-contractual civil wrongs of many kinds, however.

  • Settlement with multiple defendants: a note of caution

    Articolo

    Inviato: 12 December 2017

    When seeking to settle a claim involving multiple defendants (or potential defendants), there are a number of traps for the unwary.

  • Potential liability of regulators

    Articolo

    Inviato: 12 December 2017

    Although public policy considerations mean that regulators are rarely found liable for performance of their statutory functions, certain circumstances may make liability more likely. In particular, where responsibility has been assumed outside of core regulatory functions.

  • Everybody needs good neighbours: establishing a duty of care in negligence

    Articolo

    Inviato: 12 December 2017

    Before a negligence action can be brought, it must first be shown that the defendant owes the claimant a duty of care. The law of tort has developed to include a number of different but overlapping tests as to whether and when a duty exists, which the courts have sought to reconcile.

  • Time ladies and gentlemen! The question of limitation

    Articolo

    Inviato: 12 December 2017

    Successfully deploying a limitation defence can give defendants a knock-out blow, but questions of limitation are not always straightforward in tort claims.

  • All in it together: joint tortfeasors

    Articolo

    Inviato: 12 December 2017

    Two or more persons can become jointly liable in tort when they act together, or where one defendant has induced or incited another to commit a tort.

  • Mass torts and parentco liability

    Articolo

    Inviato: 12 December 2017

    Overseas claimants have increasingly sought to pursue claims in the English courts which arise out of the conduct of overseas subsidiaries of multi-national companies. In Lungowe and Ors v Vedanta Resource Plc and Konkola Copper Mines Plc the Court of Appeal held that the case could proceed in the English courts, as it was sufficiently arguable that the UK parent company owed a duty to the overseas claimants.

  • A tort refresher

    Articolo

    Inviato: 12 December 2017

    In this series of articles we give an overview of the principles governing key aspects of tort law, and take a look at some of this year’s decisions which cover both established principles and new developments.

  • Technology and Construction Division opened in DIFC Courts

    Articolo

    Inviato: 12 December 2017

    This article considers what parties should be aware of when considering the Technology and Construction Division as a potential venue for hearing their disputes.

  • The new DIAC Arbitration Rules

    Articolo

    Inviato: 11 December 2017

    The DIAC has revised and improved its Arbitration Rules. The draft of the new DIAC Arbitration Rules awaits approval before they will have sovereign effect.

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