In a ruling that included a judge's treatise on the «chaotic and uncertain» state of the law around
the liability of public authorities, the Federal Court of Appeal has allowed a class action by a group of commercial beekeepers against the federal government to move forward.
The Supreme Court reviewed the various authorities on the civil
liability of public authorities and gave a useful summary and explanation of the development of the law from [31] onwards:
Not exact matches
These provisions are consistent with and do not supersede, conflict with or otherwise alter the employee obligations, rights, or
liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General
of a violation
of any law, rule, or regulation, or mismanagement, a gross waste
of funds, an abuse
of authority, or a substantial and specific danger to
public health or safety, or (4) any other whistleblower protection.
The Court believed that the situation fell within the pre-existing class
of duties which entailed
liability if «a
public authority... negligent [ly] fail [ed] to act in accordance with an established policy where it is reasonably foreseeable that failure to do so will cause physical harm to the plaintiff.»
One
of the most significant changes for local
authorities has been the extension
of the claims portal to include employers» and
public liability claims.
(1) Legal entities, except for state and
public authorities, shall have criminal
liability for offences committed in the performance
of the legal entity's object
of activity, in its interest, or on its behalf.
The latter held that the
liability of a contracting
authority for the breach of EU public procurement rules under the remedies directive is assimilated to that of the State under the general EU law doctrine of State liability and thus requires a sufficiently serious breach (Nuclear Decommissioning Au
authority for the breach
of EU
public procurement rules under the remedies directive is assimilated to that
of the State under the general EU law doctrine
of State
liability and thus requires a sufficiently serious breach (Nuclear Decommissioning
AuthorityAuthority).
This paper offers some reflections on the position advanced by the EFTA Court that a simple breach
of EU
public procurement law is in itself sufficient to trigger the contracting
authority's
liability in damages (Fosen - Linjen).
Mr. Grossman updated the chapter «Products
Liability Claims and Chapter 93A,» which covers the products liability state of the law, including attorney general regulations regarding scope of rulemaking authority, as well as regulations concerning breaches of warranty and protection of public health, safety and
Liability Claims and Chapter 93A,» which covers the products
liability state of the law, including attorney general regulations regarding scope of rulemaking authority, as well as regulations concerning breaches of warranty and protection of public health, safety and
liability state
of the law, including attorney general regulations regarding scope
of rulemaking
authority, as well as regulations concerning breaches
of warranty and protection
of public health, safety and welfare.
«At the top
of its game», Dolmans «benefits from close working relationships with its
public authority clients and insurers», and provides «an excellent level
of service» across the gamut
of matters including industrial accidents, child abuse, employers»
liability claims for harassment and bullying, and RTA work.
Matt has represented both defendants and plaintiffs in class proceedings, and also engineers, developers and
public authorities in real estate and construction disputes, investment advisors and brokerages in lawsuits involving negligent advice and fraud, insurance brokers and disability insurers in cases concerning a wide range
of insurance products, and manufacturers in product
liability cases.
Peter BOWAL et Lynn BOLAND, «Crowning Glory:
Liability in Negligence
of Public Authorities Revisited»
The limitation
of liability under the Act to «
public authorities» does, however, mean that private parties are generally not able to take proceedings against each other on Convention grounds alone.
We are concerned that this article («Help your clients with mortgage shopping «-RRB- misinforms the
public about obtaining mortgage advice, and exposes real estate industry members to an unnecessary risk
of facing disciplinary measures with regulatory
authorities or civil
liability for providing poor mortgage advice.