Where two drivers drove in tandem at excessive speeds a duty of care was owed by the second driver not just to the leading driver but also to those that might reasonably be affected by the second driver's actions.
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Choice of law. As a result of an FSA requirement to review past business, Sun Life incurred significant losses and expenses. Sun Life sought an indemnity under its Financial Institution Professional Liability Policy with Travelers. Travelers declined liability on the basis of breach of warranty in that relevant officers knew as a realistic possibility that the FSA's investigations could give rise to a loss exceeding US$25,000,000; and failure to comply with the notification clause. The court did ...
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Against a background of allegations by the parents in care proceedings that they were victims of miscarraiges of justice in previous care proceedings; Munby J set aside an order for reporting restrictions in respect of care proceedings substituting an order allowing the media to attend the forthcoming hearing and to report the names of the parents and child.
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Under the New Roads and Street Works Act 1991 s.82 if a statutory undertaker caused or required damage to apparatus belonging to another person in the course of street repairs, whoever it was that actually did the work that constituted the damage, the statutory undertaker had to pay for the making good of that damage unless it could establish negligence or misconduct by the other person under s.82(4) of the Act.
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Reinsurers declined liability on the basis of non-compliance with a Notification of Loss / Claims Co-operation clause. Reinsurers provided cover for two separate excess of loss layers over the retention for securities’ liabilities on the underlying D&O policy. Where the clause required notification of “loss or losses” that would not be construed to mean “alleged loss or losses”. For the same reasoning in Royal & Sun Alliance Plc v Dornoch [2005] 1 LLR IR 544, the “loss or losses” referred to the ...
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The CA held that a sentence of 12 months' imprisonment for contempt of court for several serious breaches of a non-molestation order was excessive should be decreased to eight months.
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An application for revocation of a patent was granted, because the patent was invalid for added matter, lack of novelty and obviousness. The patent claimed the use of botulinum toxins in medicines for relieving pain related to muscle activity.
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It was just and reasonable to vary a final costs order where there had been a material change in circumstances and the court had been misled as to the correct financial position of a party since the making of a judgment and subsequent costs order, and where it had become apparent that another party, against whom no costs order had been made but who had controlled the litigation on behalf of the party ordered to pay the costs, had personally benefited from the litigation, despite that benefit not ...
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It was held that C had failed to prove that the retention of title clause in its standard trading terms had been incorporated into its mechanical and electrical sub-contract with D (which proceeded on the basis of a DOM/2 standard form, although no contract was ever signed). The clause was in C’s standard terms of business, which were on the back of its order form. The front page of the order form was faxed to D prior to conclusion of the contract, but the back page, containing the terms of bu ...
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The court could infer from the estimated costs of repairs to a property, the diminution in the value of the reversion. Thus expert evidence as to the diminution in value for the purposes of calculating damages under section 18(1) of the Landlord and Tenant Act 1927 was not necessary.
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