To date these abuse cases, where discretion has not been exercised, have all been based
on allegations of negligence.
Not exact matches
Spanier was fired not because
of any personal role in the Sandusky football scandal, but because
of negligence on his part in ensuring that the
allegations were properly investigated.
The
allegation of contributory
negligence is often raised in collisions that occur
on a roundabout where two vehicles come into offside / nearside contact,
on the exit
of roundabouts where one vehicle wrongly positioned collides with another vehicle that cut across their path, and at road junctions.
Successfully defended application
on behalf
of the Lawyers» Professional Indemnity Company (LawPro) against judgement - creditor concerning
allegations of the improvident sale
of real property, fraud,
negligence and conspiracy.
First, it explains how the obligations contained within health and safety legislation may be used in assessing an
allegation of criminal
negligence based
on the failure to take reasonable steps to prevent bodily harm to a person performing work.
Given that recovery can either be barred or offset based
on a plaintiff's assumption
of risk, defendants in
negligence cases will often try to assert the theory's applicability when confronted with
allegations of negligence.
Fiona is experienced in handling claims
on Primary and Excess layer policies and as Lead or Follow insurer against a range
of professions including Solicitors, Architects, Surveyors, Accountants and IFAs in respect
of allegations of negligence and / or fraud.
Obtained a defense verdict in a jury trial where the case involved
allegations of negligence on the part
of the bar for not diffusing a volatile situation and making sure that a patron who was kicked off the premises actually left the premises.
(10
allegations of improper charging
of management fees and
negligence dismissed
on Marc Beaumont's submission
of no case to answer; balance
of charges discontinued)
Served as second - chair trial counsel and secured defense verdict following seven - week jury trial in the California Superior Court for the County
of Orange
of action for strict and negligent products liability and
negligence based
on allegations of design defects, manufacturing defects, and warning defects.
Moore Blatch Clinical
Negligence Solicitor, Maya Sushila, who handled the case, said «this was an interesting case as initially it was anticipated
allegations would relate to the treatment at the end
of December 2013 as opposed to earlier
on in the treatment timeline.
When companies are accused
of putting a defective product
on the market they have the opportunity to defend themselves against any
allegations of negligence or misconduct.
The recent case
of DB Mortgages v Jacobs Solicitors involved an
allegation of negligence made against Jacobs
on the basis that they failed to report to DB Mortgages that their borrower was buying a new build property by way
of sub-sale.
As the appellants point out, the action is proceeding to trial
on the Arthur Wishart Act claims, which include
allegations of a breach
of the duty
of fair dealing and deficient disclosure, the claims in
negligence, and for breach
of contract.
The issue was explored in Toth v Jarman [2006] EWCA Civ 1028, [2006] 4 All ER 1276, which involved an
allegation of clinical
negligence on the part
of a GP leading to the death
of the claimant's son.