Derek's legal work is focused
on economic torts, negligence and commercial disputes.
The leading opinion
on economic tort is that of Lord Hoffmann.
, Mainstream Properties v Young [2007] UKHL 21, [2007] All ER (D) 44 (May) is one of the most significant decisions
on economic tort since Allen v Flood [1898] AC 1 and Quinn v Leathem [1901] AC 495 — decided over 100 years ago.
Not exact matches
In fact, the current situation is analogous to the beginning of the furious debate over
tort reform in the early 1990's, when business leaders were finally energized and organized to take
on and win a protracted battle against a threat that had seriously jeopardized the state's
economic viability.
The current situation is analogous to the beginning of the furious battle over
tort reform in the early 1990's, when Texas business leaders were finally energized and organized to take
on and win a protracted battle against a threat that had seriously jeopardized the State's
economic viability.
Arish has acted
on a wide array of commercial disputes in the English Courts and in English seated arbitrations, including cases involving civil fraud, breaches of fiduciary duty, complex contractual claims, negligence claims,
economic torts, shareholder, joint venture, partnership and insolvency disputes and jurisdictional battles (amongst others).
When money or property is withheld for some time period, there will also often be an element of pre-judgment interest that is calculated
on top of the
economic value of the harm as of the time of the breach, often at a statutory rate, although the law of pre-judgment interest varies quite a bit from jurisdiction to jurisdiction and is often allowed in contract lawsuits, but not in
tort lawsuits.
His core practice centres
on the relationship between the individual and the corporate body: directors» duties, shareholders» disputes, the
economic torts, protection of confidential information and restraint of trade.
The statute was clearly retroactive — it was not a
tort, prior its enactment, to cause the government
economic damage by selling tobacco, and this retroactivity was one of the grounds
on which it was challenged, the argument being that it violated the principle of the Rule of Law.
Many recent
economic tort cases have failed if not at first instance, then
on appeal.
Against this background Lord Hoffmann thought it would be «an extraordinary step suddenly to extend the old
tort of conversion to impose strict liability for pure
economic loss
on receivers who were appointed and acted in good faith».