Berufshaftpflicht /Fahrlässigkeit

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  •  
    14/01/2025
    United Kingdom

    No epidemic of Covid-19 Employers Liability claims - Edwards & Others v 2 Sisters Food Group Ltd [2024] EWCC 21 considered

    In Edwards & Others v 2 Sisters Food Group Ltd [2024] EWCC 21, the defendant successfully applied for summary judgment against all claimants on the basis that their claims had no realistic prospect of success.The claimants worked at 2 Sisters Food Group’s chicken factory in Llangefni, Anglesey. All claimed that they had developed symptoms of Covid-19 in or around June 2020. It was alleged that 2 Sisters had breached its duty of care towards them, failing to take all reasonable steps to manage the risk of transmission within the factory, and that their Covid-19 disease had been caused...
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    28/11/2024
    United Kingdom

    Insights on contribution claims under the 2010 Act from Riedweg v HCC International Insurance Plc & Anor

    The decision in Riedweg v HCC International Insurance Plc & Anor [2024] EWHC 2805 (Ch) provides critical guidance for insurers on potential contribution claims or recovery actions where there is a claim against them pursuant to the Third Parties (Rights against Insurers) Act 2010 (2010 Act).BackgroundThe case of Riedweg concerned a professional negligence claim brought by Nicole Marlene Riedweg (the claimant). The claimant alleged that Goldplaza Berkeley Square Ltd (Goldplaza) had negligently overvalued a property she contracted to purchase for £8 million in December 2016.  The claimant...
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  •  
    27/11/2024
    United Kingdom

    The CJC Review of Pre-Action Protocols – Phase Two Report (Final) now published

    On 15 November 2021, the UK's Civil Justice Council (CJC) published an Interim Report initiating a consultation on pre-action protocols (PAPs).  The consultation closed in January 2022. CMS responded to the consultation with interest, given the potential impact on the legal industry and insurers/insureds alike.It is the responsibility of the CJC, through its designated Working Group (WG), to make recommendations to the Civil Procedure Rules Committee (CPRC). It is for the CPRC to accept or reject those recommendations and draft the revised PAPs.The CJC's response was published in two parts....
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    22/10/2024
    United Kingdom

    Navigating Wasted Costs Orders: Insights from Wil­liams-Hen­ry v Associated British Ports Holdings Ltd

    When might it be appropriate to fix the solicitors of a fundamentally dishonest Claimant with an obligation to pay the Defendant’s costs?We previously reported on the striking case of Kirsty Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB) (see here), in which the Claimant in a personal injury claim was found to have been fundamentally dishonest, the court concluding that she had been “thoroughly dishonest” in the presentation of her symptoms, lying to “clinicians, medico-legal experts and this Court about [her] health, functioning, activities...
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  •  
    06/09/2024
    Scotland

    One case to bind them all - Class actions and res judicata

    Summary In McCluskey v Scott Wilson[1] the Inner House has provided useful guidance on application of the doctrine of res judicata in the context of group actions.From 2012 actions were raised by the residents of a housing estate in Motherwell (“Watling Street”), claiming personal injury as a result of the development allegedly being built on contaminated land. It was claimed that engineers, Scott Wilson, who were involved in the remediation of the site, both owed duties to the residents and breached those duties.The earlier decision in McManus v Scott Wilson[2] had already...
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    05/06/2024
    United Kingdom

    Loss of Chance in broker’s negligence claim - Norman Hay PLC v Marsh Ltd

    In a judgment dated 8 May 2024 the Commercial Court has held that where a broker’s negligence has resulted in no insurance policy being available, a claimant is not required to prove on the balance of probabilities that a putative insurer would in fact have indemnified the claimant. Rather, the Court’s assessment of causation and loss needs to involve consideration of the ‘loss of chance’ aspect including whether the putative insurer would have engaged in dealing with the underlying claim against the claimant and whether it would have provided an indemnity of some sort.BackgroundNorman...
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