Sentences with phrase «in breach of duty»

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

Thus the claim turned on whether the appellant could prove that the respondent employer had been in breach of duty in respect of the storage of the tool.

Interestingly, the judge found the defendant in breach of duty by failing to perform an adequate risk assessment or implement its own policy.

Failure to do so results in a breach of the duty of loyalty.

However, the careers of those involved in this breach of duty were not affected.

«The most shocking indication of the extent of the Coalition's agenda with regard to HASAW was in the March 2012 budget papers which committed the Government to scrapping or improving 84 % of health and safety regulation, including legislating in 2012 so that strict liability provisions in health and safety law will no longer hold employers to be in breach of their duties when they have done everything reasonably practicable and foreseeable to protect employees.

Giving the main judgment, in Reilly v Sandwell Metropolitan BC [2018] UKSC 16, Lord Wilson said the decision to dismiss her was reasonable, «for her refusal to accept that she had been in breach of duty suggested a continuing lack of insight which, as it was reasonable to conclude, rendered it inappropriate for her to continue to run the school».

Mr. Walsh alleged that by miscalculating the floor area of the property by 20 % and publishing the incorrect calculation within its sales brochure, JLL acted in breach of a duty of care which it owed to him.

The Judge ultimately sided with the condominium corporation and concluded that the corporation was not in breach of its duty to repair as the recommendations of the owners» consultant were unreasonable.

exercising continued control over the Fearnow Shares, and reallocating them to suit his personal interests, Shkreli misused Retrophin assets and usurped a Retrophin business opportunity in breach of his duty of loyalty to Retrophin.

The Commission nationale de l'informatique et des libertés (CNIL — the French privacy authority) has recently found a company in breach of its duty to protect the personal information of its employees because the company used unduly short passwords that were too easy to guess and that were not changed often enough.

They provide a useful reminder that it is not sufficient to merely ask if there is a foreseeable risk of injury and then assume that if the defendants have failed to remove it that they are thereby in breach of duty.

The SCC rejected the Behns» argument the licences were invalid because they were awarded in breach of the duty to consult and infringed Treaty 8 rights.

This ensures the correct level of care is seen in a breach of duty case and that the correct provision of care support and equipment is in place for individuals going through personal injury litigation.

Several agents of the company resigned to work for a competitor without giving the notice required under their agency contracts and arguably in breach of their duties of good faith in the period leading up to resignation.

Additionally, criminal courts may request companies to pay an amount equal to the penalty inflicted to their directors, managers, legal representatives or employees who committed a crime in breach of their duties or in the interest of the company and failed to pay the relevant penalty.

It was argued in Unison 1 that in deciding to make the Fees Order the Lord Chancellor acted in breach of the duty imposed by section 149 of the Equality Act 2010.

Conversely, licensees must also act honesty, e.g. by accurately reporting royalties owed to the licensor, otherwise they could be found in breach of the duty as well as breach of their royalty reporting obligations under the license.

In particular, although the solicitor dealing with the case was satisfied that the proposed defendants owed a duty of care to the deceased and were in varying degrees in breach of that duty, he was not satisfied that the degree of negligence displayed was so severe that it would amount to criminal negligence.

The present claim sought to overturn the 2008 decision on the basis that (1) the Foreign Secretary failed in breach of his duty of candour in public law proceedings to disclose relevant documents containing documents that would have been likely to affect the factual basis on which the House of Lords made its decision; and (2) there was new material that undermined that factual basis.

Mummery LJ hinted the case might have been decided differently if the company had pleaded two additional defences: that Cavanagh was in breach of duty in not informing the company of his misconduct, and that the company's obligation to make the payment was void or voidable by reason of vitiating unilateral mistake.

By way of illustration, in the first instance decision on His Honour Judge Walton, sitting at Newcastle upon Tyne County Court on 5 September 2005 in the case of Thompson v Gateshead Metropolitan Borough Council (unreported) it was held that the defendant who had failed to instruct a claimant cleaner to «dry mop» a floor she had just washed was in breach of duty when she slipped and fell.

Her refusal to accept that she had been in breach of duty suggested a continuing lack of insight which, it was reasonable to conclude, rendered it inappropriate for her to continue to run the school.

«An employer who offers a confidential advice service, with referral to appropriate counselling or treatment services, is unlikely to be found in breach of duty»;

The High Court decided IBM's pension rearrangements were invalid and in breach of the duties of trust and confidence and the duty of good faith: IBM had led its employees to expect there would not be further pension changes and could not go back on this unless it could show it was «necessary» to do so.

The judge found that H was in breach of his duty to disclose but declined to set aside the order.

If an injunction is granted (there are criteria that must be met), then a company is usually able to claims its costs from the director that is accused of being in breach of duty.

Mr Gower was also awarded two weeks» pay under s. 38 of the Employment Act 2002 which states that compensation can be awarded if an employer is in breach of its duty to provide written employment particulars or, as here, particulars of change.

The Claimant must show that the Defendant was in breach of the duty of care; an employer for instance may not have provided proper protective clothing, or there was bullying in the workplace that led to an employee suffering stress at work.

Court of Appeal hearing not now anticipated until May 2017 — the High Court decision in 2014/15 that IBM were in breach of the duty of good faith, and the Court's remedies awarded as a consequence of the breach, are being appealed.

However, often the insurer will admit that the Defendant was in breach of duty or was negligent, but says that there are reasons why the Defendant should not blamed partly or at all.

The litigation firm, which was brought in by the chain's administrators PricewaterhouseCooper (PWC) earlier in the month, is set to begin looking into the conduct of the Phones4u directors who could be the subject of legal action if found to have been in breach of their duties.

Failing to address these issues properly puts the expert in breach of duty to the court to help the court on matters within the expert's expertise, in breach of duty to the client to use reasonable skill and care in providing his / her services in writing a report, and in breach of a professional duty.

The matter considered whether, by preventing a director from representing a company, the United Kingdom was in breach of its duty to afford access to fair trials.

The appellate court upheld the finding that there was enough evidence to establish that Entergy was in breach of its duty of reasonable care for persons on its premises.

It's also important to understand the basics of fiduciary duty so that you know what's to be expected of you, and what actions might be in breach of your duty.

The High Court found that Giambrone was in breach of its duty to the claimants in several respects.

[70] For the reasons already provided, I conclude that the Minister's decision to make the Report's allegations regarding Ms. Blais public, before ensuring that Ms. Blais was given reasonable notice of the allegations and an opportunity to give evidence in response, was unreasonable and in breach of the duty of procedural fairness owed to Ms. Blais.

The focus of this case was Mrs Miller's knowledge of both the horse and the rider, when considering whether or not she was in breach of her duty of care when she allowed Miss Harris to ride this horse.

In breach of duty, the defendants failed to advise the claimants that the valuation of the shell companies upon flotation was critical, wrongly advised them that the maximum loss to be suffered in the film scheme was the initial investment, and failed to advise them that there was a significant risk that the schemes would successfully be challenged by HMRC.

In a consultation published this week, «Manslaughter Guideline Consultation», the council proposes tougher penalties for gross negligence manslaughter, where the offender is in breach of a duty of care towards the victim, which causes the death of the victim and amounts to a criminal act or omission.

Recognising that this case was «fairly close to the borderline», as the employee's actions were not particularly helpful in themselves, their lordships nevertheless held that the employers were in breach of their duty of care.

O2 also argued that in accordance with para 43 (11) of the Hatton judgment, an employer which offers a confidential advice service with referral to appropriate counselling or treatment services is unlikely to be found in breach of duty.