Sentences with phrase «breach of statutory duty»

Will the position ultimately be governed by ordinary English law rules for breaches of statutory duty where there is no sufficiently serious requirement?

On that basis a duty to avoid undue delay would be owed to all, effectively creating «back door» liability for breach of statutory duty.

Had that been established, the claimants would have had a claim for breach of statutory duty under section 48A Water Resources Act 1991.

One group further alleges breaches of statutory duty under the Data Protection Act 1998.

Having thus held that there was no judicial remedy available to the claimant for a monetary award, Judge Simmonds QC went on to find that HMRC had been in breach of its statutory duty under ICTA 1988, and that its officer / s had been negligent — adding insult to the injury that Martin and his company had already sustained.

Representing former non-executive director of energy company in claim by liquidator of breach of statutory duty.

Palmer v Hickmott & Hargreaves (2014)-- successfully acted for the claimant in trial for breach of statutory duty arising from a failure to follow the Party Wall, Etc Act 1996

Depending on the circumstances, such allegations can framed in terms of negligence, misrepresentation, breach of fiduciary duty or breach of the statutory duties created by FSMA.

In a claim for breach of statutory duty relating to manual handling operations, it is not enough for the claimant to show a breach of the requirement to carry out a proper risk assessment if there is evidence that the defendant had in fact taken appropriate steps to reduce the risk of injury to the lowest level reasonably practicable.

The Personal Health Information Protection Act, 2004 S.O. c. 3, Sch A, s. 65 (PHIPA) contemplates mental anguish damages for breaches of statutory duty up to a maximum of $ 10,000.

In 2016 the team successfully defended NHS England in an alleged breach of statutory duties claim brought by QSRC for not providing an interim contract to the claimant for gamma knife treatment to NHS patients.

The claimant by his parents issued proceedings alleging that the agreement had to be interpreted in accordance with Community law (in particular Art 1 (4) of the Directive); alternatively for breach of statutory duty arising out of Community law directly applicable to the MIB.

the Court does not have power, or alternatively should not (absent exceptional circumstances) exercise a case management power to «transform» a claim pleaded as a Part 7 claim for breach of statutory duty under the PCR 2015 into a claim for judicial review,

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.

«For this reason, Plaintiff brings this lawsuit against Defendants for breach of statutory duties, breach of contract, breach of fiduciary duties, recovery of chattels and an accounting,» court documents state.

You can always try suing — nuisance, breach of statutory duty to keep the premises habitable, breach of the common law covenant of peaceful enjoyment, negligence, harassment, battery, and intentional infliction of emotional distress — these guys (non-smokers) are not very encouraging about legal options.

24.4 Neither party shall have any liability to the other party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with this Agreement.

defending claim made on behalf of deceased's estate for injuries alleged to have been caused by breach of statutory duties;

The claimant sought damages in negligence and breach of statutory duty.

But the general rule is that breach of statutory duty is not actionable.

McAllister sued the City for breach of statutory duty, negligence and bad faith for damages arising from his injuries, which he said resulted from the City's failure to implement adequate security measures at C - Train stations.

Acted for the liquidator of a large insurance company in a Supreme Court claim in Australia against Executive Directors and Corporate defendants in relation to misleading auditors, the publication of misleading financial accounts and breaches of statutory duties and approximately worth AUD $ 500 million.

You can always try suing — nuisance, breach of statutory duty to keep the premises habitable, breach of the common law covenant of peaceful enjoyment, negligence, harassment, battery, and intentional...

Both the claimants and Resolution — which intervened in the proceedings — seem to have conceded that CSA 1991 «does not give rise to a private law right to sue for breach of statutory duty».

The breaching of a statutory duty is not proof of negligence and a motorcycle accident lawyer will be able to properly apply the law to the facts of your case.

In particular, I think the LSBC has a problem because benchers «must not implement a resolution if to do so would constitute a breach of their statutory duties» (13 (4) of Legal Profession Act).

«Fault» in Maine means not only negligence, but also the breach of a statutory duty or another act or omission that gives rise to liability.

The issue was whether the judge was right to conclude that it is open to a court, in the absence of statutory authority, to order a closed material procedure for part (or, conceivably, even the whole) of the trial of a civil claim for damages in tort and breach of statutory duty.

He ordered that the insurer pay the plaintiff's legal costs of the litigation in the amount of $ 206,000.00 together with the further sum of $ 50,000.00 that he described as a «remedial penalty» that was assessed against the insurance company owing to its breach of statutory duty.

Nonsmokers have filed lawsuits against landlords or fellow tenants on the basis of nuisance, breach of statutory duty to keep the premises habitable, breach of the common law covenant of peaceful enjoyment, negligence, harassment, battery, and intentional infliction of emotional distress; courts have ruled for and against nonsmokers in individual cases.

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.

He sued the municipality of Dutton - Dunwich for non-repair of the roadway, alleging breach of statutory duty to post a checkerboard sign warning of the road alignment.

Even on Bookers argument if at least 75 % of Mesothelioma cases are asbestos related, if the victim can prove that their exposure to asbestos occurred as a result of negligence or breach of statutory duty and that this exposure materially contributed to their condition why should the victims or their families be required to additionally prove «beyond doubt» that it was caused by the asbestos exposure.

Fittingly, to start the year, January 2008 saw the decision in A v Hoare (2008) UK HL 6, [2008] All ER (D) 251 (Jan) and its joined cases where the House of Lords overturned its earlier decision in Stubbings v Webb (1993) AC 498 HL, [1993] 1 All ER 322 and held that, where the injury had been caused by an assault, the rules for limitation should be the same as for injury caused by negligence or breach of statutory duty.

It should not cover damages for injury sustained otherwise than in road traffic accidents, for example, employer's negligence or breach of statutory duty, claims against local authorities or occupiers, nuisance claims or assault claims.»

«The House of Lords may have closed the door on pleural plaque compensation claims made on the basis of negligence or breach of statutory duty, but at the same time they have also opened the window, by unexpectedly flagging up a potential new line of argument — that claimants could sue for breach of contract,» he says.

The original and replacement tenancies will be treated as the same tenancy for the purpose of certain legal proceedings — at the moment landlord's claims for breach of covenant, and tenants» claims for breach of statutory duty — the act permits further classes of litigation to be added by regulation.

It turned out in this case that the trust had been in breach of the 2000 directions by not having a relevant policy at the time of the incidents although the claimants did not bring actions for breach of statutory duty.

It was brought as a claim in tort for breach of statutory duty, and alternatively in restitution under two grounds: tax paid pursuant to an unlawful demand, and payments made under a mistake of law.

Because English law does not recognise a claim for damages for breach of a public law right as such, a claimant who wishes to recover compensation for economic losses allegedly suffered as a result of a breach of statutory duty by a public authority must satisfy the court that the statute in question confers on him a private law cause of action.

Having held that there was no right to a private law claim, the judge then addressed the interrelationship between claims for breach of a statutory duty and for breach of a common law duty of care in a statutory context.