News & Insights
Liability in Negligence (Part 2)
Establishing Liability Liability in negligence requires the proof of whether the defendant was in fact negligent. Stated otherwise, this requires that he failed to take the relevant degree of care in the circumstances. In broad terms, the relevant degree of care is that which is reasonable in the circumstances. The defendant has failed to act […]
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Liability in Negligence (Part 1)
In the first of this two part article we look at Duty of Care, Neighbour Principle along with Omissions, Intangible Injuries and others
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Are All Orders Created Equally?
Consent orders in personal injury cases are a common occurrence. A consent order is an order made by the Court in terms that have been agreed by the parties to the proceedings and which are submitted to the Court for approval.
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Liability for Negligence
The most commonly encountered civil wrong is the tort of negligence. It is a principle of law of the very widest practical application. A very significant quantity of all litigation in the courts is based on claims for negligence.
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GDPR Breach: Compensation Claims?
As the General Data Protection Regulation (GDPR), has passed its third anniversary, questions still remain as to the operation of the compensation mechanism and liability for damages.
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Cosmetic Surgery Injury: Liability when looks go wrong
When medical mistakes are made, the results of a cosmetic surgery injury can be devastating. We provide information on the compensation.
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Oil Spills: Liability (Part 2) – Trespass & Nuisance
A look at the arguments of Trespass and Nuisance in Oil Spill Claims where a neighbourhas an oil spill or some other third party.
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Rylands v Fletcher
Rylands employed contractors to build a reservoir, playing no active role in its construction. When the contractors discovered a series of old coal shafts improperly filled with debris, they chose to continue work rather than properly block them up.
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Oil Spills: Liability (Part 1) – Rylands v Fletcher & “Polluter Pays” Principle
Oil Spills, especially heating oil spills can be pretty nasty. It is bad when the escape of oil happens at your own property, but it can be a lot worse when it originates at a third party property and then comes across the boundary.
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PIAB Authorisation: What does it mean?
If PIAB don’t make a Personal Injury award or one is not accepted then a PIAB Authorisation is issued allowing you to take your case to court
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