Sentences with phrase «breach of duty arising»

Cullen Investments Ltd v Brown [2017] EWHC 2793 (Ch) Application under section 1157 of the Companies Act 2006 for relief from liability for breach of duty arising from a director's failure to obtain authorisation for a conflict of interests

On the officers» case, the breach of duty arises from the fact that the Commissioner found herself in a position where she had to settle the claim and on the terms she did because of a series of allegedly negligent failings in the conduct of the defence (paras [38]- [39]-RRB-.

Not exact matches

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $ 50.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

This shall not apply to the liability for damages arising from the injury to life or limb as well as for any other damage based on a breach of duty thorough wilful intent or gross negligence on the part of the Hotel, a legal representative or a vicarious agent of the Hotel.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

6.1 Subject to clause 6.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the price of the Booking and, subject to clause 6.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

Our expertise spans disputes relating to joint ventures, derivative actions, unfair prejudice petitions, misfeasance, breaches of directors» duties, misappropriation of company funds, shareholder deadlock, breach of warranty and indemnity claims, shareholder leaver clauses and issues arising out of covenants.

Claims for damages for personal injury arising from an illness alleged to have developed as a result of employment generally fall within LA 1980, ss 11 and 14, since they are usually brought in negligence or breach of duty or both.

Representation of a former partner in a multi-million dollar breach of contract / breach of partnership / breach of fiduciary duty case against former partners arising from a profit - sharing agreement and involving counterclaims of misappropriation of trade secrets and breaches of nondisclosure / non-solicitation agreements.

Matter between wealthy individual and investment advisor for breach of fiduciary duty arising from recommended investments in allegedly inappropriate private equity investments and repayment of loans made by client to advisor

«TCC claims 2.1 The following are examples of the types of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.»

Our work includes directors» duties (as they arise both in claims for their breach and in disqualification actions), shareholder disputes, takeovers, mergers and acquisitions, corporate reconstructions, loan capital and banking securities, schemes of arrangement and reductions of capital, and insurance schemes.

Jones claimed damages of $ 70,000 against Tsige arising from an invasion of privacy and breach of fiduciary duty.

Represented receiver in claim brought in the U.S. District Court for the Northern District of Illinois against the directors and officers of AA Capital Partners, Inc., an SEC - registered investment advisor, in a $ 60 million claim for violations of ERISA, breach of fiduciary duty, fraud, and conversion arising out of alleged misappropriation and misuse of investor funds.

Our lawyers represents D&O liability insurers, and their insured companies, directors and officers, in defense of claims involving breaches of fiduciary duties and claims arising under employment, environmental and securities laws.

May a corporate lawyer and his law firm be sued in Delaware as to claims arising out of their actions in providing advice and services to a Delaware public corporation, its directors, and its managers regarding matters of Delaware corporate law when the lawyer and law firm: i) prepared and delivered to Delaware for filing a certificate amendment under challenge in the lawsuit; ii) advertise themselves as being able to provide coast - to - coast legal services and as experts in matters of corporate governance; iii) provided legal advice on a range of Delaware law matters at issue in the lawsuit; iv) undertook to direct the defense of the lawsuit; and v) face well - pled allegations of having aided and abetted the top managers of the corporation in breaching their fiduciary duties by entrenching and enriching themselves at the expense of the corporation and its public stockholders?

DEG - Deutsche Investitions («DEG») v Koshy and Gwembe Valley Development Co v Koshy and related actions Acted for a state - owned German bank in a long running dispute arising out of an investment in Zambia, involving originally insolvency issues and claims in fraud and for breach of director's fiduciary duties.

Inadequate security issues arise from a breach of duty to provide safety to clients and personnel.

As with any personal injury claim, it is necessary to demonstrate that a reasonable employer would foresee that a significant and specific type of personal injury would arise from any negligence or breach of duty on their part.

Estimated past and future loss of business and employment income arising from breach of contract and fiduciary duty, defective equipment and supplies, human - rights violation, medical malpractice, personal injury, pollution, wrongful death (survivors» losses), and wrongful dismissal — and related contingencies and allowances.

Michelle R. Rack brings her considerable litigation experience to the Firm to serve clients involved in disputes arising in the context of contested wills and trusts and breaches of fiduciary duty requiring the judicial removal of executors and trustees, as well as conservators and attorneys - in - fact engaging in financial exploitation of vulnerable seniors.

Probate litigation may be required when disputes arise regarding will contests, trust disputes or an alleged breach of fiduciary duty.

Breach of Fiduciary Duty: Breach of fiduciary duty claims arise when a broker or registered investment advisor violates a client's trust and confideDuty: Breach of fiduciary duty claims arise when a broker or registered investment advisor violates a client's trust and confideduty claims arise when a broker or registered investment advisor violates a client's trust and confidence.

Recent cases handled include a multimillion - dollar recovery arising from construction and design claims, a multimillion - dollar recovery relating to professional malpractice, successful defense of a financial institution from multimillion - dollar lender liability claims, successful defense of independent directors from claims of breach of fiduciary duty and related claims, and a multimillion - dollar recovery in the telecommunications industry arising from claims of breach of contract, breach of good faith and fair dealing, and fraud.

Patricia also litigates complex business issues that arise out of breach of fiduciary duty claims, breach of contract claims, shareholder disputes, corporate dissolutions, trade secret issues and real estate matters.

We also have substantial experience litigating claims that frequently arise in connection with trade secrets» litigation, including claims related to breach of fiduciary duties, non-disclosure agreements, non-compete agreements, and licenses, as well as statutory causes of action under RICO, the Computer Fraud and Abuse Act, and the Electronic Communications Privacy Act.

He has assisted clients in a variety of disputes arising out of, among other things, breaches of contract, breaches of fiduciary duties, fraud, conversion, civil theft, and deceptive and unfair trade practices.

The PSLREB viewed the standby duty directive as a breach that carried on throughout the entire working year, when the lawyers were actually only on standby duty for a maximum of three weeks per year, and the few emergencies that arose during those limited periods typically occurred on weeknights.

Acted for a joint venture partner involved in the design and development of a condominium project in a claim arising from a breach of fiduciary duty and the joint venture agreement by the managing joint venture partner

Akai Holdings Limited & Others v Ho Wing On & Others (Hong Kong High Court, Commercial List): claim for an amount exceeding US$ 500 million for alleged breach of fiduciary duty arising from one of Hong Kong's largest ever corporate collapses.

Plaintiff «brownfield developer» who alleges claims arising from a business deal to bid for, buy and redevelop a brownfield site from WMATA, may only pursue fraud and breach of fiduciary duty claims against a single defendant who allegedly failed to...

Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of our services may be limited in our client care letter in relation to an individual matter.

To claim for negligence arising from property owner's carelessness, the victim must show that the owner or manager had a duty of care towards him or her and that the property owner breached the duty, and that the breach was the actual cause of injuries and those damages arose from the accident.

Defense of defamation and breach of fiduciary duty lawsuit arising from client's role as a whistleblower in an alleged affinity based «Ponzi» scheme.

«The English Civil Claim is for the in personam remedy of compensation against Mr Antonov and Mr Baranauskas arising out of an alleged breach of their duties as directors, officers or shareholders of Snoras.

He specialises in transactions and disputes in respect of contracts of all description and purpose, business activities and assets that are regulated by law, trust or contract, breach of duty (however arising) and economic torts, and government agreements and decisions in relation to funding, finance and commerce.

One of the alterations to the pre-existing rule is its limitation, in s 260, to causes of action that arise from an actual or proposed act or omission involving negligence, default, breach of duty or breach of trust on the part of a director.

«(3) A derivative claim under this Chapter may be brought only in respect of a cause of action arising from an actual or proposed act or omission involving negligence, default, breach of duty or breach of trust by a director of the company.»

Perhaps most interesting to the broader evolution and maturation of the bitcoin exchange industry, will be whether any legal precedent arises from the court's analysis of the claims of Mt. Gox's negligence and breach of fiduciary duty, should this case ever go to trial.

Obtained dismissal on summary judgment of suit by beneficiary against bank trustee for breach of fiduciary duty and conflict of interest arising from bank's loan of $ 75 million to the corporation it controlled, as trustee, for transactions the beneficiary claimed were imprudent

Defended breach of fiduciary duty claim by corporation against its former CEO arising from CEO's alleged theft of corporate opportunity and establishment of competing business; after trial, CEO used profits from his new business to acquire his former employer

Represented corporate defendant in direct and derivative litigation involving claims of breach of fiduciary duty arising out of contest for control.

Such cases often arise in the context of proceedings for conspiracy, fraud and breach of fiduciary duty.

Directors and Officers Liability Insurance (D&O): Coverage for directors and officers of firms or organizations against liability claims arising out of alleged errors in judgment, breaches of duty, and wrongful acts related to their organizational activities.

Freesumes shall not be liable for any direct, indirect, minor, major, exemplary or special damages, including but not limited to financial loss, low profits, loss of goodwill, data, credibility, peace of mind or other intangible losses that may arise due to your ability or inability to use the resume templates and other resources, content, information, forums, social media or services being offered on the website, irrespective of the fact that such liabilities occur due to any kinds of misrepresentation, tort, negligence of duty, breach of contract, or statutory responsibilities by Freesumes or otherwise, and the possibility of such liabilities was already conveyed to it.

Thus, the trial court's ruling that the statements were not relevant to breach of fiduciary duty allegations because the statements were made before an agency relationship arose between the parties was affirmed.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

2d 651)-- remedies provision of the Property Condition Disclosure Act are unenforceable beyond the requirement to give a $ 500 credit at closing should the seller refuse to provide the form, thereafter, common law or statutory remedies, if any, are available; information contained in the disclosure statement survives neither contract nor closing; seller answering «unknown» on the disclosure form triggers a duty to inquire on the part of the buyer and relieves the seller of any potential liability for defects that arise in regard to the part of the premises covered by the question; any information disclosed during the sale of the property merges into the contract and does not exist on its own basis of a common law cause of action; buyer's action based on breach of the disclosure statement is dismissed on the grounds that no such cause of action is created by RPL Article 14; buyer's relief exists under common law contract theories and buyers have not proven their prima faciecase under those theories

You will defend, indemnify and hold harmless Elm Street, and its members, managers, subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims, damages, judgments, and expenses, including attorney's fees, and litigation costs and expenses arising from your breach of the representations, warranties, duties and obligations made or assumed by you in this Agreement.