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681 results found

Article

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…
Article

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…
Article

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…
Article

Graf & Pitkowitz Rechtsanwalte GmbH | 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…
Article

Barry.Nilsson. Lawyers | Australia | 15 Mar 2019

Contributory negligence - A tale of two intoxicated plaintiffs

Under the Civil Liability Act 2003 (Qld) there is a presumption that if a plaintiff is intoxicated, they contributed to their own injuries (known as…
Article

Cooper Grace Ward | Australia | 7 Mar 2019

The frying pan might be hot - community standards versus legal standards in contributory negligence cases

Contributory negligence tends to be one of those polarising aspects of personal injuries law. Many community members (particularly employers) are…
Article

Levitan Sharon & Co | Israel | 18 Dec 2018

Are insurers exempt from liability towards third parties where insured driver was drunk?

The Supreme Court recently dismissed the appeal of an insurer, declining its allegation that it should be exempt from liability towards a third party…
Article

DAC Beachcroft | United Kingdom | 27 Nov 2018

Portal claims and contributory negligence: can the argument be raised if the claim's value increases?

Where liability is admitted in a claim commenced within the Pre-Action Protocols for Low Value Personal Injury Claims, and the claim then exits the…
Article

CMS Cameron McKenna Nabarro Olswang LLP | United Kingdom | 15 Nov 2018

Release of the first Joint Preliminary Consultation paper on Automated Vehicles

On 8 November 2018, the Law Commission and the Scottish Law Commission (together, the Commission) released a joint preliminary consultation paper on…
Article

Anthony Gold | United Kingdom | 24 Oct 2018

CC v TD: Contributory negligence when crossing the road

The claimant brought a claim against a motorist on behalf of the estate of her husband (“the deceased”) under the Law Reform (Micellaneous Provisions)…
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