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Negligence

Found 33 legal briefings

UK Supreme Court removes immunity for expert witnesses in litigation, but will Hong Kong follow suit?

Herbert Smith’s briefing examines the current legal position in Hong Kong in respect of expert and advocate immunity and examines the potential future impact of the UK Supreme Court’s abolition of immunity for expert witnesses in litigation in Hong Kong.

Law Firm: Herbert Smith | Published: 12 May 2011 | Practice Area: Litigation

Rating: 2 people found this useful

Nuisance claim needs negligence in order to succeed

Herbert Smith looks into the recent Judgement delivered by the Technology & Construction Court where a case for nuisance was rejected on the grounds that there was no negligence.

Law Firm: Herbert Smith | Published: 06 May 2011 | Practice Area: Negligence

Rating: 3 people found this useful

Scottish Court rules that compensation is payable in pleural plaques cases

The Scottish Courts ruled on 12 April 2011 that the Damages (Asbestos Related Conditions) (Scotland) Act 2009 was within the powers of the Scottish Parliament, despite being inconsistent with a decision of the UK House of Lords. Holman Fenwick Willan reports.

Law Firm: Holman Fenwick Willan | Published: 27 April 2011 | Practice Area: Negligence

Rating: 1 person found this useful

Supreme Court abolishes immunity for expert witnesses

On 30 March 2011 the UK Supreme Court handed down judgment abolishing the immunity expert witnesses have enjoyed for over 400 years. Herbert Smith identifies the key points of the case and the practical implications.

Law Firm: Herbert Smith | Published: 04 April 2011 | Practice Area: Practice and Procedure

Rating: 4 people found this useful

Keeping up with the Jones case – will expert immunity survive?

The pending decision by the Supreme Court on Jones v Kaney [2010] could abolish the long-standing doctrine that provides experts with immunity from suit for almost all work done in relation to litigation proceedings (expert immunity). Herbert Smith discusses the implications.

Law Firm: Herbert Smith | Published: 18 January 2011 | Practice Area: Litigation

Rating: 4 people found this useful

Linklaters decision: when pipes and insulation became an installation

The Linklaters Business Services v Sir Robert McAlpine trial has taken place, and Akenhead J decided that not only can a subcontractor owe a duty of care to the ultimate end user of a building but also that pipes and their insulation constitute ‘one installation’. Wragge & Co has the details.

Law Firm: Wragge & Co | Published: 14 December 2010 | Practice Area: Litigation

Rating: 2 people found this useful

Scope of doctor's duties in post-operative care

Rajah Tann investigates to what extent a doctor may delegate the post-operative care of a patient to another doctor or nurse. The recent decision in Dr Eric Gan Keng Seng v Singapore Medical Council [2010] is the first of the High Court on this issue.

Law Firm: Rajah & Tann | Published: 10 November 2010 | Practice Area: Negligence

Buying e-discovery software: why in-house counsel should get involved

Purchasing e-discovery software can reduce the costs of litigation by cutting costs and risks. However selecting the software should always be a joint decision - and sometimes a joint purchase - between the IT and the legal departments, as EMC explains.

Law Firm: EMC Corporation | Published: 03 November 2010 | Practice Area: Data Subjects

Rating: 1 person found this useful

The state of UK litigation: big ticket suits on the rise

The UK Ministry of Justice recently published its annual statistics on judicial and court activity during 2009. Macfarlanes has updated its review of litigation in the City of London over the past 10 years to reflect the latest figures, which suggest that ‘big ticket’ litigation is increasing.

Law Firm: Macfarlanes LLP | Published: 03 November 2010 | Practice Area: Litigation

Rating: 2 people found this useful

Eversheds' PI bulletin

This Eversheds PI bulletin includes: - Appeal Court finds authority not liable under Occupiers' Liability Act to youth falling fleeing a taxi - Breach of statutory duty, not worker conduct, starting point in employers' liability claim - Highway authority liable for failing to keep shrubs trimmed

Law Firm: Eversheds | Published: 09 September 2010 | Practice Area: Negligence

Rating: 2 people found this useful

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