LATEST ARTICLES
Australia
Gilchrist Connell
NCAT made a finding of unsatisfactory professional misconduct and unsatisfactory recordkeeping against a doctor in NSW.
Bahamas
ParrisWhittaker
If you have been injured during a package holiday, it is important to tell your tour or travel operator about the accident – and ask them to notify its insurer – following an important ruling.
ParrisWhittaker
The reasoned report of a medical expert is critical to the success of any personal injury claim.
ParrisWhittaker
A Norwich Pharmacal Order against an ‘innocent' third party will only be granted if the court is satisfied it is for a ‘proper purpose', a court has ruled.
ParrisWhittaker
A landmark ruling has clarified that doctors owe no duty of care towards the family of a patient they are treating.
ParrisWhittaker
If you've suffered an injury in the workplace, you can claim compensation if your employer breached their duty of care – but where do you stand if you were partly to blame?
Canada
McCarthy Tétrault LLP
On March 27, 2024, the Court of Appeal for Ontario released its much awaited decision in Palmer v. Teva. The decision sends a clear signal that claims based on weak science...
Blake, Cassels & Graydon LLP
On March 27, 2024, the Ontario Court of Appeal (Court) affirmed in Palmer v. Teva Canada Ltd. (Palmer) that Canadian law does not provide remedies for an increased risk of harm.
Pallett Valo LLP
Cox v. Miller (2024 BCCA) ("Cox") is narrowly centered on recreational sports, and the duality of permissive play in comparison to careless actions.
Gluckstein Lawyers
A personal injury is when a person's body, mind or emotions are damaged due to the negligence or intentional actions of another party.
Rogers Partners LLP
In Bustin v. Quaranto, 2023 ONSC 5732, Vince Quaranto ("the defendant") brought a motion to strike a claim brought by a bystander alleging personal injuries arising from witnessing a motor vehicle...
Rogers Partners LLP
The Court of Appeal for Ontario recently expanded the applicability of the vicarious liability provision outlined in s. 192(2) of the Highway Traffic Act in Desrochers v. McGinnis, 2024 ONCA 63.
Rogers Partners LLP
Barry v. Anantharajah, 2024 ONSC 740, arose out of a motor vehicle accident where the plaintiff was hit by a motor vehicle while crossing a crosswalk.
CLC (Canadian Litigation Counsel)
This appeal challenges the dismissal of a negligence claim stemming from a tragic accident involving the plaintiff, Tanner Delfs, who sustained severe injuries...
Hong Kong
Herbert Smith Freehills
In the recent decision of Armstead v Royal & Sun Alliance Insurance Company Ltd [2024] UKSC 6, the UK Supreme Court examined where the burden of proof lies...
Ireland
RDJ LLP
In this article, Louise Smith, Partner in RDJ's Litigation and Dispute Resolution Team discusses the Supreme Court decision published yesterday in the case of Delaney v. PIAB & Ors. which held by a majority of 5:2...
Nigeria
Compos Mentis Legal Practitioners
Patient safety is a fundamental principle of health care. Globally, patient safety has been recognized as a public health challenge.
Compos Mentis Legal Practitioners
Medical professionals owe their patients a duty of care and an action for medical negligence can be founded on a
breach of that duty which results in an injury.
South Africa
Negligence vs Gross Negligence Dilemma In Insurance Claims: Eyebrow Raising Finding By The Ombudsman
Adams & Adams
The law draws a distinction between "negligent conduct" and "grossly negligent conduct". Grossly negligent conduct is synonymous with reckless conduct.
Shepherd and Wedderburn LLP
There are limited circumstances in which there may be a claim against SEPA or a local authority for compensation in relation to flood risk prevention and management operations.
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