Sentences with phrase «breach of its duty following»

The defendant was also found in breach of its duty following the claimant's return to work.

Not exact matches

New guidelines were released by Morgan following the High Court ruling that found there had been a «breach of duty» in omitting humanism from the new religious studies GCSE.

Zenna Atkins, chair of Ofsted from 2006 to 2010, has been ordered to pay damages to her former employer, Wey Education, after breaching her duty of loyalty following a power struggle over an academy trust she helped found.

Following a settlement agreement with the US Department of Justice in 2010, and a fine of $ 400 million, a settlement was then reached with the SFO: BAE Systems pleaded guilty to one charge of breach of duty to keep accounting records and paid a # 30m penalty, some of which was distributed as a charitable payment for the benefit of Tanzania.

In order to establish medical malpractice, the injured patient must demonstrate the following: i) the ophthalmologist owed a duty of care to the patient; ii) the ophthalmologist breached the duty of care owed to the patient by providing negligent or substandard care; and iii) the ophthalmologist's breach was a direct cause of the patient's injury.

Johnston is also advising a construction company in a claim against a solicitor relating to negligent advice regarding a Part 36 offer and cost consequences given to the client following litigation, and Hall is handling a claim against solicitors for negligence and a breach of fiduciary duty relating to a property transaction.

The following behaviors may be considered a breach of the duty of a common carrier driver:

He has successfully tried cases to verdict in the following area: Attempted Murder; Terrorist Threats; Residential Burglary, Assault with A Deadly Weapon; Domestic Violence; Assault; Larceny; Driving Under the Influence; Breach of Contract; Wrongful Termination; Fraud; Professional Negligence; Breach of Fiduciary Duty and Personal Injury.

A # 2 - million claim against insurers for breach of their FSA duties of care following a fire to a listed building.

«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.»

Did the board err in law and breach its duty of fairness in determining the circumstances in which the record would be made publicly available following an appeal when that issue was not before the board?

Most employers» disciplinary procedures are not contractual, and therefore a failure to follow them does not, generally speaking, constitute a breach of contract (unless the employee can show that the failure was a breach of the implied duty of trust and confidence owed by the employer).

All drivers owe other drivers a duty to drive safely and to follow the rules; driving while impaired is a breach of that duty.

As well, many companies are not aware of gaps in «traditional» insurance products that more specialty liability insurance products (i.e. media and Internet liability, cyber liability) are intended to catch, including breach of fiduciary duty to protect privacy of client information, content exposure (defamation, intellectual property), damages caused by virus, third party financial losses due to system downtime, costs associated with data breach notification following a cyber attack / hack, etc..

The Supreme Court of Canada addressed the balance between deference and holding directors accountable for breaching their duty of care as follows:

Negligent drivers breach that duty when they follow too closely, cut in front of other cars, or fail to brake in time to avoid a crash.

To succeed in a New Mexico truck accident case, a plaintiff must prove the following: the defendant owed a duty to the plaintiff, the defendant breached that duty, and the breach was a proximate cause and cause in fact of the plaintiff's damages.

Former cases include acting for an international law firm in defence of proceedings by a partner excluded for breach of duty and acting for partners in a prominent Hong Kong firm on claims for misrepresentation and breach of a partnership agreement following a failed merger.

Prudential Staff Pensions Ltd v Prudential Assurance Co Ltd [2011] PLR 239 — Proceedings for directions on a large number of issues (including issues of estoppel and potential breach of the employer's duty of good faith) following a change by Prudential in its long - established policy of granting discretionary RPI linked increases to pensions in payment;

William acted in a dispute concerning the merger of a series of accountancy partnerships and partnerships between IFAs, following breaches of fiduciary duties in the breakdown of those joint ventures;

(1) extending negligent misrepresentation beyond «business transactions» to product liability, unprecedented in Texas; (2) ignoring multiple US Supreme Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort of state - law tort to second - guess the defendant following one FDA marketing approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4) holding that the learned intermediary rule does not apply whenever a defendant «compensates» or «incentivizes» physicians to use its products, absent any Texas state or appellate authority; (5) imposing strict liability on an entity not in the product's chain of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious» breach of fiduciary duty for engaging doctors to serve as expert witnesses in mass tort litigation also involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive damages, jaw - droppingly unprecedented.

Claims which are not required to be reported include the following: product liability claims, antitrust allegations, allegations involving improper peer review activities, civil rights violations or allegations of liability for injuries occuring on a licensee's property, but not involving a breach of duty.

• Demonstrated expertise in securing premises and performing patrolling duties, aimed at ensuring community and premises safety • Track record of monitoring surveillance equipment and following up on nefarious or suspicious activities • Focused on preventing losses and damages by «keeping an eye open» at all times and recording and following up on abnormal occurrences • Proficient in coordinating information security compliance activities and implementing security policies and procedures • Documented success in performing information security risk analysis aimed at deriving data for security processes • Demonstrated good judgement and problem - solving skills to deal with security issues of variable natures within standardized situations • Adept at physically controlling violent or unruly individuals along with the ability to subdue individuals after running in pursuit • Skilled in coordinating and implementing disaster recovery programs and managing security incident responses • Familiar with conducting armed stationary, foot and vehicle patrols, targeted at deterring criminal activity, misconduct and breach of community rules • Knowledge of initiating and monitoring informal investigations of security infractions and violations

Following the conveyance of the land to the successful bidder, the Owner sued the Auction Company for misrepresentation and breach of its fiduciary duty to him.