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E&W Brussels I (recast)—the harmful event for specific tort and delict claims (art 7(2)) [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the requirement for a harmful event to enable a court to have special jurisdiction under Article 7(2) of Regulation 1215/2012, Brussels I (recast). It then considers what is a harmful event when considering specific types of claims: economic loss, damaged or defective goods, personal injury claims, intellectual property claims, actions for inducing breach of contract as well as other types of claims. For guidance on the general principles that apply when dealing with tort and delict claims under the regulation, see Practice Note: E&W Brussels I (recast)—tort and delict claims (art 7(2)) [Archived]. For guidance when dealing with contract claims under the regulation, see Practice Note: E&W Brussels I (recast)—contract claims (art 7(1)) [Archived]. Impact of UK’s departure from the EU Following exit day (ie 31 January 2020), the UK became a third state in respect...
Varying public contracts Stop Press: On 24 February 2025, the main provisions of the Public Procurement Act 2023 (PA 2023) come into force. We are reviewing and updating our content accordingly. Note, however, that procurements begun on or after 24 February must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. For information, see Practice Note: Key Implications of the procurement Act 2023 for Construction Lawyers. Brexit impact—public procurement The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU. For general updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement [Archived]. Of particular relevance to the variation of public contracts are the...
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Particulars of claim for occupational stress caused by harassment at work IN THE COUNTY COURT AT [insert] claim No. [insert claim number] Between [Mr A B]        Claimant -and- [C D PLC]        Defendant __________________________________ Particulars of claim __________________________________ 1 At all material times, the Claimant was employed by the Defendant as a mail sorter at its Islington office and acting in the course of his employment. The Claimant’s employment commenced on [insert date]. At all material times, the Claimant’s line manager was [insert name of Claimant’s line manager, eg Mr Bloggs]. [Mr Bloggs]’ line manager was [insert name, eg Mr Jones]. The Defendant’s Managing Director was [insert name, eg, Mr Smith]. 2 The Defendant owed the Claimant the following duties in tort and/or contract: 2.1 a duty to take reasonable care of the Claimant’s health and safety, which included employing competent fellow workers; and/or 2.2 a duty to take reasonable care to prevent the Claimant from suffering foreseeable psychiatric injury in the course of or as a result of...
Letter of claim—a living mesothelioma claimant who was exposed to asbestos from the work clothes of a family member     Your ref:Our ref:Please ask for:Date:Direct Line:Email:     Dear [insert organisation name] URGENT—LIVING MESOTHELIOMA CLAIMANT YOU MUST DEAL WITH THIS LETTER IMMEDIATELY Re: Our Client: Address: Date of Birth: National Insurance Number: Your Previous Employee: Date of Birth: Date of Death: National Insurance Number: Place of Work: We are instructed by our above named client in respect of a claim for damages due to personal injury in connection with exposure to asbestos, as a consequence of asbestos dust carried home on the work clothes of a family member, [insert relation eg husband, wife or parent and insert their name] while they were employed by [insert employer’s name] between [insert dates]. It is for this reason we are directing the claim to you. We are writing this letter in accordance with the Pre-Action Protocol for Disease and Illness Claims. Please confirm the identity of your insurers. Please...
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In a claim by an employer against a former employee’s new employer for one of the economic torts (eg conspiracy, inducement to breach contract), what is the measure of damages? The new employer of the former employee may be made a party to any litigation involving the target employee as a result of the operation of the economic torts, including: • inducement/ procurement of breach of contract • conspiracy (lawful means conspiracy and unlawful means conspiracy), and • unlawful interference with business At final trial, an award of damages may be made against the offending employee's new employer for these economic torts. Where the damages claimed arise from a tort, the court seeks to place the claimant in the same position as if the wrong had not been committed. Loss of profit is the most likely kind of damage to be claimed, but the cost of recovering from the breach can also be claimed, and it is possible to claim exemplary damages. As a general principle,...
The original buyer of a property, X, entered into positive covenants to maintain a wall. On selling the property, X obtained from its buyer, Y, a covenant by way of indemnity to observe and perform those covenants. Is there a risk that X could incur liability in tort for an injury caused as a result of a failure to maintain the wall even though X no longer has any right of access to the property? It is assumed that the covenant is just for the benefit of the neighbouring land owner. Positive covenants A covenant is a contract. In the case of covenants, the rights and liabilities created by the contract may be enforced by and against persons other than the original parties to the contract (see Practice Note: Positive covenants—binding successors in title). It is assumed that the positive covenant that X has entered into, is entered into with the land owner of the neighbouring land, benefitting the neighbouring land. A positive covenant, like the one that X...
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Corporate Crime analysis: The claimant company (Dana Astra) brought a challenge, pursuant to section 38(1) of the Sanctions and Money Laundering Act 2018 (SAMLA 2018), against the decision of the Secretary of State to designate it for the purposes of the asset freeze sanctions under the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 (the 2019 Regulations). This case provides, for the first time, a judicial determination of the territorial scope of Article 1 of Protocol 1 of the European Convention on Human Rights (A1P1 ECHR) in the context of sanctions decisions pursuant to regulations made under SAMLA 2018. The court held that where a foreign person with no property nor presence in the UK is designated, that designation is not an exercise of UK jurisdiction sufficient to engage the ECHR, even where the designation may affect the person’s ‘interests’. The decision also provides valuable lessons on the operation of the regime in practice more generally, particularly in the context of proportionality challenges. Written by Rachel Barnes KC, Nicholas Yeo...
This week's edition of PI & Clinical Negligence weekly highlights includes a report on the final part of the Civil Justice Council's review of the personal injury and clinical negligence pre-action protocols and includes recommendations for reform such as a separate protocol for child abuse claims. We also include our usual roundup of news, cases and New Law Journal articles of interest.
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