Sentences with phrase «of breach of statutory duty»

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.

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

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.

Changes to competition laws (milk wars discussion and recommendations relating to MMP (introduce effects test), predatory pricing (recommend Minister direct ACCC to investigate Coles for breach of s 46 relating to predatory pricing), unconscionable conduct (suggest it be defined), statutory duty of good faith, unfair contract terms (seeks «recognition of the competitive disadvantage faced by farmers» and extension of unfair contract terms protection to small business), collective bargaining (seeks relaxation of public interest test for boycott approvals in agriculture markets, increase «ability for peak bodies to commence and progress collective bargaining and boycott applications» on behalf of members - and further dairy specific recommendations, ACCC divestiture power (wants ACCC to have similar divestiture powers to Comp Commission in UK - «simpler process of divestiture», ACCC monitoring powers (wants Minister to direct ACCC to use price monitoring powers to «monitor prices, costs and profits relating to the supply of drinking milk») and mandatory code of conduct (wants mandatory code and «Ombudsman with teeth to ensure compliance»)-RRB-.

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

c) Liability for breach of statutory duty; except clause 11.10 above which shall apply once only in respect of all the said types of Liability.

The complaints allege that between 1999 and 2001 a number of stock option grants were backdated, and that as a result the defendants breached their fiduciary duties to Ditech Networks and violated provisions of federal securities laws and California statutory and common law.

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.

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.

«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.

If at least one - third of the members vote in the referendum and two - thirds are in favour, then the resolution is binding, provided that implementation would not constitute a breach of the benchers» statutory duties.

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

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 sought damages in negligence and breach of statutory duty.

The High Court held, applying Wyatt v Hillingdon London Borough Council (1978) 76 LGR 727, that a council's failure to comply with its statutory duty to provide domiciliary care services under s 2 of the Chronically Sick and Disabled Persons Act 1970 can not amount to breach of a common law duty of care.

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

«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.»

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.

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».

(a) malfunction of mechanical equipment and recreational apparatus under the control of or maintained by the operator, including vehicles, other than that resulting from misuse by a user; (b) unsafe operation of mechanical equipment or recreational apparatus, including vehicles, by the operator or its employees; (c) unsafe aspects of the structure and condition of an indoor recreational facility that directly affect the safety of users when actually engaged in a recreational activity for which the recreational facility is designed or intended; (d) failure by the operator of an outdoor recreational facility to maintain commonly accepted conditions or standards of demarcation, signage, lighting, and monitoring of user activity, for outdoor recreational facilities of comparable size and type; (e) unfitness for normal use, at the time of supply or rental, of equipment or apparatus supplied or rented for use in connection with a recreational activity; (f) conduct of the operator's employees, acting in the course of their employment, that results in personal injury to or death of a user from the sources of risk referred to in paragraphs (a) to (e); (g) breach by the operator, or by an employee of the operator, of a specific statutory duty or regulatory requirement relating to safety in a particular recreational activity.

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVof kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVof my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVE.

Willie has prosecuted and defended claims involving breach of contract, tortious interference, state and federal antitrust, common law and statutory fraud, misappropriation of trade secrets, negligent misrepresentation, business disparagement, state and federal securities actions, product liability, nuisance, trespass, conversion, insurance coverage, corporate governance, breach of fiduciary duty, shareholder oppression, and qui tam.

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,

In Spina v. Shoppers Drug Mart, the firm represents the interests of the owners of Shoppers Drug Mart franchises in an action alleging that Shoppers Drug Mart has breached the terms of the Associate Agreement as well as its duty of good faith and statutory duty of fair dealing (where applicable) with regards to how it has been operating the franchise system.

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).

The verified complaint asserts claims for breach of contract, tortious interference with contract, tortious interference with prospective economic advantage, breaches of statutory and common law duties to preserve confidential information, and spoilation of evidence.

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.

Because of these injuries and damages, plaintiff sued the town claiming that because they breached their statutory duty of care, the town acted negligently.

In the recent Ontario case of Maxwell v. Luck, the trial judge ruled that the insurance company breached its statutory duty to attempt to settle the claim expeditiously.

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.

The claim alleges that Shoppers Drug Mart has breached certain terms of the Associate Agreement, as well as its statutory and common law duty of good faith and fair dealing regarding the operation of the franchise system.

The complaint in the civil suit against Maggio claimed that Maggio had abused the public trust, which is a class D felony in Arkansas, and that this abuse made him liable to Ms. Bull's estate under the statute that allows victims of a felony to bring a civil action; that Maggio breached a fiduciary duty to the plaintiffs by engaging in conduct that violated certain judicial and statutory rules; that Maggio engaged in a civil conspiracy with Gilbert Baker and Michael Morton; and that Maggio acted in concert with Morton and Baker.

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.

The claims are for alleged breaches of RM's statutory duty to issue VAT invoices to the claimants in respect of the services.

Represented an Indonesian listed group in a US$ 11.5 million ICC International Arbitration against a major healthcare multinational concerning breaches of Indonesian statutory duties in relation to an exclusive distributorship agreement for pharmaceutical products

Whether the First and / or Second Defendants are liable to the Claimants or to any additional potential Claimants in negligence and / or for breach of statutory duty in respect of:

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.»

We advised the director of a large tour operator on proposed claims by the administrators for wrongful trading, breaches of statutory and fiduciary duties and preference payments.

«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.

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.

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.

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.

He applied to challenge the order on two grounds: (i) that the effect of the order was to deprive him of his liberty, in breach of Art 5 of the European Convention on Human Rights (the Convention); and (ii), that the secretary of state had breached his statutory duty under PTA 2005, s 8 (1) in relation to consideration of criminal prosecution.

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.