Responsabilité professionnelle/Négligence

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  •  
    13/03/2024
    United Kingdom

    Court of Appeal rules that defence of illegality in civil claim is not available if not guilty of criminal offence by reason of insanity

    In Lewis-Ranwell v G4S Health Services (UK) Ltd and others [2024] EWCA Civ 138, the Court of Appeal recently held, by a majority of 2 to 1, that where a person has committed a crime, but has been found not guilty by reason of insanity, the defence of illegality will not prohibit them from claiming damages from those who were responsible for assessing their mental wellbeing at the relevant time.Whilst these circumstances are unusual, they are not novel. This Judgment is particularly important for providers of mental health services and their insurers.Background – Criminal ProceedingsOn 10...
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  •  
    07/03/2024
    United Kingdom

    University’s Duties towards Disabled Student - The University of Bristol v Dr Robert Abrahart [2024] EWHC 299

    This judgment concerns the tragic case of a second-year physics student at the University of Bristol (the “University”) who ended her own life in April 2018. She had been diagnosed with depression and social anxiety disorder, which qualifies as a disability under the Equality Act 2010 (the “Act”). As part of her course, she was required to present orally, with other students, the findings of an experiment they conducted and to answer questions about the experiment and the relevant underlying principles of physics. It was accepted as a fact that the cause of her death was...
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  •  
    22/02/2024
    United Kingdom

    Establishing liability under the Third Parties (Rights against Insurers) Act 2010 - Scotland Gas Networks Plc v QBE UK Ltd [2024] CSOH 15

    The Scottish Court of Session has, for the first time, considered what is required to establish a ‘liability’ for the purposes of the Third Parties (Rights against Insurers) Act 2010 (the “2010 Act”). In this matter, the Court found that a ‘decree in default’, issued due to the insolvent Insured’s failed to appear at a procedural hearing, was sufficient to establish ‘liability’.The decision is significant as, while insurers would usually have the right to ‘look behind’ a decision or settlement to form a view on whether the insured...
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  •  
    12/02/2024
    United Kingdom

    High Court rules in favour of reinsureds seeking recovery of UK COVID-19 BI losses

    Overview The High Court has, for the first time, considered the reinsurance recovery of non-damage COVID-19 (first lockdown) business interruption losses, specifically under catastrophe excess of loss property reinsurances.  CMS successfully acted for Markel International Insurance Company Limited (“Markel”) in the case, which determined appeals against two separate arbitral awards on questions of law under Section 69 of the Arbitration Act 1996.The parties to the two appeals were:Markel and its reinsurer, General Reinsurance AG (“Gen Re”); andCovéa Insurance...
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  •  
    05/12/2023
    United Kingdom

    Jagger and others v AXA Insurance UK Plc [2023] 7 WLUK 263 – Three Strikes Not Out

    The Court has found that it was an abuse of process to rely on the evidence of an expert whose independence was in question, as well as issuing the claims for significantly less than they were later amended to (and where the increased court fee was not paid until an Unless Order was issued). However, this abuse of process did not result in the striking out of the claims.BackgroundSheffield based law firm, SSB Law, represented 1,428 litigated claims concerning the defective or inappropriate installation of cavity wall insulation. 143 of these claims were issued within the Damages Claims Portal (‘DCP’)...
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  •  
    04/12/2023
    United Kingdom

    Causation of indivisible diseases – material contribution test applies, says Court of Appeal

    In Holmes v Poeton Holdings Ltd [2023] EWCA Civ 1377, the Court of Appeal has attempted to bring clarity to the notoriously slippery legal concept of “material contribution”.The judgment reviews the leading cases in some detail and provides clear guidance on an area which, the court observed, has been “bedevilled by apparent inconsistency and imprecision at the highest level on multiple occasions.” (para. 30).The case concerned an individual who alleged that his Parkinson’s Disease was caused, at least in part, by exposure to the organic solvent Trichloroethylene (TCE)...
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