Liability

Go to page of 4

Australia-headquartered mining giant BHP has been held strictly liable as ‘polluters’ for the Fundão dam disaster in Brazil, in one of the largest group actions ever brought in the English courts

The Crime and Policing Bill could vastly expand corporate criminal liability through its new ‘senior manager test’, warns Tom McNeill of BCL Solicitors in NLJ this week. The sweeping test makes organisations criminally liable for offences committed by senior managers within their authority

Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted

The ‘failing to prevent’ model of corporate criminal responsibility should be viewed as an opportunity & not a burden, says Jonathan Fisher KC

The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings

The Supreme Court’s judgment in the motor finance cases sheds light on the law on fiduciary duties, writes Mary Young

Sarah Moore & Harry Wilkinson shed light on the underutilised ‘black box’ of product liability claims

In this week's NLJ, Sarah Moore and Harry Wilkinson of Leigh Day spotlight the untapped evidentiary power of explanted medical devices in product liability claims

Could social media platforms be treated as ‘products’ under the Consumer Protection Act 1987? If so, they could face strict liability for harms caused by addictive design features and algorithmic manipulation, says Harry Lambert of Outer Temple Chambers, writing in NLJ this week

In the second part of this series, Harry Lambert tackles some key questions: is social media a ‘product’ at all, and how might claims be brought against its platforms?

Show

Results

Go to page of 4

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

DWF—David Abbott & Claire Keat

Senior appointments in insurance services and commercial services announced

Clyde & Co—Nick Roberts

Aviation disputes practice strengthened by London partner hire

Ellisons—Marion Knocker

Residential property lawyer promoted to partnership

NEWS

Read All

NLJ this week: Renters’ Rights revolution begins—brace for tribunal chaos

he abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

NLJ this week: Civil procedure gets a spring overhaul

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation

NLJ this week: Why GP complaints are going nowhere

Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group

NLJ this week: Prenups meet a jurisdictional brick wall

A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision

NLJ this week: Has Rylands v Fletcher come back from the dead?

An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading

Error message

Liability

MOVERS & SHAKERS

DWF—David Abbott & Claire Keat

Clyde & Co—Nick Roberts

Ellisons—Marion Knocker