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RIM sued by North American Blackberry users after service downtime

3 November 2011 | Paul Gershlick

Research in Motion is being sued by US and Canada customers following the service problem that went on for three days in October. RIM’s CIO had apologised and offered one month of technical support for...

Tags on this discussion: damages downtime IT lawsuit negligence unjust enrichment

Publisher entitled not to publish book due to privacy concerns – Amanda Smith v Headline Publishing, High Court

28 August 2011 | Mark Weston

Under a contract for publication of memoirs, Amanda Smith gave a warranty that her work did not contain anything libellous or otherwise unlawful. She was paid in advance for the work. However, prior to...

Tags on this discussion: breach breach of contract commercial agreement Commercial contract commercial contracts contract contract law contracts Fraud High Court libel libel issues libellous misrep misrepresentation negligence negligent privacy privacy concerns privacy issues publish publisher publishing

Company found guilty in first corporate manslaughter trial

16 February 2011 | Michael Oberwarth

On 15 February 2011, Cotswold Geotechnical (Holdings) Ltd was found guilty of corporate manslaughter. This is the first time that a company has been charged with, or convicted of, corporate manslaughter...

Tags on this discussion: Corporate manslaughter Corporate Manslaughter and Corporate Homicide Act 2007 Cotswold Geotechnical Holdings Eaton health and safety negligence

First corporate manslaughter case has finally begun

28 January 2011 | Michael Oberwarth

The UK’s first corporate manslaughter trial began at Winchester Crown Court yesterday (27 January.) The prosecution against Cotswold Geotechnical Holdings is the first to be brought against a company...

Tags on this discussion: Corporate manslaughter Corporate Manslaughter and Corporate Homicide Act 2007 Cotswold Geotechnical Holdings Eaton health and safety negligence

Valuer’s liability in respect of its valuation of the rental income

26 October 2010 | Jonathan Sachs Comments Off

Is a valuer liable for any losses incurred in respect of its rental valuation as well as its valuation of the capital value of a property? In March, this year the court held that a valuer had breached...

Tags on this discussion: appeal banking banks capital value contributory negligence negligence Professional Negligence rental value valuer

An absence of independent legal advice

20 October 2010 | Clare Stothard Comments Off

This was a claim by a guarantor against a firm of solicitors. The solicitors had provided a certificate to the bank confirming that they had advised the claimant, Mr O’Sullivan, in relation to his...

Tags on this discussion: banking banks duty of care fraudulent misrepresentation Guarantees guarantor independent legal advice negligence reliance solicitors

Franchisor liable for negligent advice to franchisee despite disclaimers and exclusions of liability – MGB Printing v Kall Kwik, High Court

20 April 2010 | Mark Weston

This case concerned MGB’s purchase of one of Kall Kwik’s existing printing services franchises. In doing so, MGB asked Kall Kwik about the cost of re-fitting, which Kall Kwik advised that it should...

Tags on this discussion: breach of contract contract contract law contracts disclaimer exclusion of liability franchise agreement franchisee Franchising franchisor High Court loss loss of profits negligence tort

Court of Appeal issues reminder to use clear words for negligence in limitation of liability and indemnity clauses – Jose v MacSalvors, Court of Appeal

12 January 2010 | Mark Weston

Brush hired a crane from MacSalvors using the Construction Plant Hire Association’s Model Conditions for Plant Hire. Along with the crane, Mr Thomas Jose, the crane operator, was also provided for hire....

Tags on this discussion: contract exclusion of liability indemnity liability negligence

Latest news and views tagged negligence

RIM sued by North American Blackberry users after service downtime

Publisher entitled not to publish book due to privacy concerns – Amanda Smith v Headline Publishing, High Court

Company found guilty in first corporate manslaughter trial

First corporate manslaughter case has finally begun

Valuer’s liability in respect of its valuation of the rental income

An absence of independent legal advice

Franchisor liable for negligent advice to franchisee despite disclaimers and exclusions of liability – MGB Printing v Kall Kwik, High Court

Court of Appeal issues reminder to use clear words for negligence in limitation of liability and indemnity clauses – Jose v MacSalvors, Court of Appeal

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