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Results:1-10 of 41

Employers' duty of care when referring to former employees in communications with third parties
  • Reed Smith LLP
  • United Kingdom
  • September 14 2011

recent English case of McRobert McKie v Swindon College 2011 EWHC 469 demonstrates that an employer owes a duty of care to a former employee when referring to himher in communications with a third party.


Where a defendant has agreed to indemnify a claimant in respect of actual liabilities, the defendant is not estopped from challenging the existence or amount of the claimant’s liability to a third party
  • Reed Smith LLP
  • United Kingdom
  • August 17 2011

The Claimant was engaged by a company to provide engineering services for buildings which subsequently sustained substantial damage.


Admiralty Court finds that it has jurisdiction to determine a personal injury claim brought by an Indian employee for injuries sustained whilst working on board a vessel flagged in the Marshal Islands
  • Reed Smith LLP
  • United Kingdom
  • June 10 2011

The Respondent, an Indian national, was injured whilst working on board the Applicant Owner’s vessel, which was registered in the Marshall Islands.


Limitation and exclusion of liability: what do the phrases "wilful misconduct", "deliberate default" and "gross negligence" really mean?
  • Reed Smith LLP
  • United Kingdom
  • April 28 2011

Exemption clauses in contracts, which seek to limit or exclude liability, are often the subject of tense and protracted commercial negotiations.


English Court of Appeal decides bank not entitled to damages from solicitors who gave negligent advice on swap transactions
  • Reed Smith LLP
  • United Kingdom
  • February 18 2011

A firm of solicitors erroneously advised a bank that two counterparties had legal capacity to enter into swap arrangements with the bank.


The phrase “terms and conditions available upon request” could incorporate terms of trading into a contract
  • Reed Smith LLP
  • United Kingdom
  • December 3 2010

The Court of Appeal considered the meaning and effect of the phrase "terms and conditions available on request" in Rooney and another v CSE Bournemouth Ltd.


No extension of limitation period on basis there had been an earlier concealed loss
  • Reed Smith LLP
  • United Kingdom
  • April 30 2010

In Williams v Lishman and Others 2010 EWCA Civ 418, the Court of Appeal rejected the appellants' appeal and held that in a negligent advice claim regarding the transfer of pension funds, all loss occurred at the same time, when the funds were transferred from one type of pension plan to another.


Whether negligence of broker causative of avoidance of policy
  • Reed Smith LLP
  • United Kingdom
  • April 30 2010

In the case of Jones v Environcom 2010 EWHC 759 (Comm), the defendants were engaged in the business of recycling electrical goods waste, including refrigerators.


Whether defendant in breach of contract by failing to secure appropriate insurance cover and to exercise reasonable skill and care in freight forwarding arrangements
  • Reed Smith LLP
  • United Kingdom
  • April 30 2010

In the case of Geofizika DD v MMB International Ltd (Greenshields Cowie & Co Ltd, Pt 20 defendant) 2010 EWCA Civ 459, the claimant was a Croatian geophysical company.


Whether on deck statement in bill of lading sufficient to exclude application of Hague Visby rules
  • Reed Smith LLP
  • United Kingdom
  • April 30 2010

In the case of Onego Shipping & Chartering BV v JSC Arcadia Shipping (the MV SOCOL 3) 2010 EWHC 777 (Comm), the claimant charterers chartered a multi-purpose general cargo vessel from the defendant owners pursuant to a charterparty.