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693 results found

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Digby Brown LLP | United Kingdom | 16 Jul 2021

Sharing the Blame - Contributory Negligence

The issue of contributory negligence is one which arises in a large number of personal injury claims, both north and south of the border. It is…
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DAC Beachcroft | United Kingdom | 14 Jan 2021

Re-assertion of the challenges for a Defendant to a contribution claim

The High Court has recently (12 January 2021) applied the principle set out in 2016 by the Court of Appeal in the case of WH Newson Holding Ltd v IMI…
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XXIV Old Buildings | Brazil, Canada, United Kingdom, etc. | 2 Dec 2020

Email hacking - who picks up the tab?

Email hacking or business email compromise (“BEC”) fraud, as it is more formally known, costs businesses in the UK millions of pounds each year. In…
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Digby Brown LLP | United Kingdom | 12 Nov 2020

Contributory Negligence of a Passenger - Seatbelts and Alcohol

The recent case of Campbell v Advantage Insurance Co Ltd [2020] EWHC 2210 (QB) has highlighted and discussed these two key areas where contributory…
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Digby Brown LLP | United Kingdom | 4 Nov 2020

“Causative Potency” & “Blameworthiness”

The concepts of causative potency and the parties’ relative blameworthiness are becoming more prominent in the assessment of contributory negligence…
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Gateway Law | Singapore | 28 Oct 2020

Occupiers' Liability

In Singapore, following the landmark case of See Toh Siew Kee v Ho Ah Lam Ferrocement (Pte) Ltd,1 the law on occupier's liability has since been…
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Cooper Grace Ward | Australia | 21 Aug 2019

Excess speed and contributory negligence - Ayre v Swan [2019] NSWCA 202

In Ayre v Swan [2019] NSWCA 2020, the New South Wales Court of Appeal increased a contributory negligence finding to 80% because of the plaintiff’s…
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Clyde & Co LLP | United Kingdom | 7 May 2019

Can there be contributory negligence in suicide cases?

A successful, or even unsuccessful, attempt at taking one's own life will have a devastating impact on the family of the individual involved. On some…
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McCabe Curwood | Australia | 10 Apr 2019

What does it take for an Insurer to be found to have abandoned a defence of contributory negligence and thereby become bound by an assessment of damages?

An Insurer makes settlement offers without reduction for contributory negligence and makes no specific submission on that defence at an Assessment…
Commentary
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Pitkowitz & Partners | Austria | 5 Apr 2019

Restructuring plans and their impact on non-participating creditors

Under the Insolvency Act, once a restructuring plan has been confirmed, the debtor is discharged from its debt and is subsequently prevented from paying its creditors their deficiency or repaying other granted benefits. Consequently, any claims that were not registered during the insolvency proceedings – even if they should have been – fall under this restriction and cannot be repaid. That......
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