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Clerk & Lindsell On Torts, 22nd Edition (2nd Supplement only)

Clerk & Lindsell On Torts, 22nd Edition (2nd Supplement only)

  • Author:
  • Publisher: Sweet & Maxwell U.K.
  • ISBN: 9780414069985
  • Published In: September 2019
  • Format: Paperback
  • Jurisdiction: Commonwealth, U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Details

    The First Supplement to the Twenty-Second Edition brings the Main Work fully up to date with the latest developments, including decisions of the Supreme Court in:

    • Robinson v Chief Constable of West Yorkshire on the duty of care owed by the police to members of the public when effecting an arrest of a suspected offender
    • Commissioner of Police of the Metropolis v DSD where it was held that art.3 ECHR imposes an obligation on the state to conduct an effective investigation into crimes involving serious violence to persons and that serious defects in the investigation of the particular case were sufficient to amount to a breach of the obligation
    • Dryden v Johnson Matthey Plc on the meaning of “damage” in personal injury claims
    • Steel v NRAM Ltd (formerly NRAM Plc) on the duty of care owed by a solicitor to a third party in claims for negligent misrepresentation
    • JSC BTA Bank v Khrapunov on the requirements to establish tortious conspiracy
    • Tiuta International Ltd (In Liquidation) v De Villiers Chartered Surveyors Ltd on the liability of a valuer where a lender advances monies against over-valued security and part of those monies goes to pay off old indebtedness to the same lender
    • R. (Mott) v Environment Agency holding that the imposition of restrictions on fishing licences which impacted disproportionately on the applicant’s livelihood were a breach of the First Protocol, art.1 ECHR
    • R. (on the application of Haralambous) v St Albans Crown Court holding that there is no obligation to disclose to the party affected by a search warrant the material upon which the magistrates relied when deciding to grant the warrant

    And in the Court of Appeal, including:

    • CN v Poole BC holding that a local authority did not owe a duty of care arising out of the authority’s responsibilities under the Children Act 1989 to vulnerable children who were being subjected to harassment and abuse by neighbours
    • BAE Systems (Operations) Ltd v Konczak on the apportionment of damage to different causes in cases of psychiatric harm
    • Singularis Holdings Ltd (In Official Liquidation) v Daiwa Capital Markets Europe Ltd on the ex turpi causa defence
    • Lungowe v Vedanta Resources Plc and His Royal Highness Okpabi v Royal Dutch Shell Plc on the potential liability of a parent company in respect of alleged damage caused by the activities of a subsidiary company overseas
    • Smith v Lancashire Teaching Hospitals NHS Foundation Trust holding that s.1A(2) of the Fatal Accidents Act 1976 was incompatible with the ECHR by excluding a co-habitee of more than two years from claiming bereavement damages
    • Shepherd v Collect Investments Ltd on the calculation of damages for trespass to land
    • Network Rail Infrastructure Ltd v Williams on the liability of an occupier in nuisance for the spread of Japanese knotweed
    • Bussey v 00654701 Ltd (formerly Anglia Heating) on the knowledge an employer ought to have acquired of the risk posed by the exposure of employees to asbestos and the relevance of a Technical Data Note published by HM Factory Inspectorate

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