"LexisLibrary gives us the most relevant and recent cases and always has the latest information on them. It makes research so much easier. We're more cost-effective for our clients and more efficient each day"
Advocates
Access all documents on Civil liability
Legal obligations that arise from private wrongs or breaches of contract which are not acts that are prevented under legislation (criminal acts or public wrongs).
Civil liability gives a person the right to obtain redress from another person, for example, to sue for damages for personal injury, or to apply for an injunction to stop behaviour that is causing a nuisance or damage to the environment. The burden of proof for civil cases is 'the balance of probability' which is lower than for criminal matters.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.
For our full legal glossary and more legal research sources, register for a free Lexis+ trial
Seller's SPA drafting guide (unconditional completion)—checklist This Checklist serves as a guide of certain key matters for the seller’s solicitors to consider when drafting, or commenting on, a share purchase agreement (also known as SPA or share sale agreement) recording the sale and purchase of the entire issued share capital of a private limited company, where the transaction involves simultaneous exchange and completion. Parties The drafter should: • check to see if the legal and beneficial title to the sale shares is split, ie check to see if the seller's sale shares are held in the name of a nominee, requiring the beneficial owner to: ◦ be named as the seller in the SPA instead of the registered holder, and ◦ procure the sale of the sale shares to the buyer • check to see if the transaction involves any parties connected with company directors, which may constitute substantial property transactions requiring certain approvals (see Practice Note: Substantial property transactions—requirement to obtain members’ approval) • resist proposals to include in...
Ireland—Mediation—personal injury and medical negligence—checklist The Mediation Act 2017 (Ireland) All mediations are subject to the Mediation Act 2017 (Ireland) (MA 2017 (IRL)) which commenced on 1 January 2018. MA 2017 (IRL), s 2 defines mediation as a ‘confidential, facilitative and voluntary process in which parties to a dispute, with the assistance of a mediator, attempt to reach a mutually acceptable agreement to resolve the dispute’. The scope of MA 2017 (IRL) is provided for in MA 2017 (IRL), s 3 which provides that it does not apply to: • arbitrations covered by the Arbitration Act 2010 (Ireland) • disputes under the remit of the Workplace Relations Commission • disputes regarding payment of taxes and customs • judicial review proceedings • proceedings against the State involving breach of fundamental rights and freedoms • proceedings under the domestic violence or child care legislation Obligations on solicitors MA 2017 (IRL), s 14 places wide ranging obligations on practicing solicitors in respect of advising clients on mediation before court proceedings are issued. A...
Discover our 9 Checklists on Civil liability
The regulatory regimeThe governing provisions for environmental permitting are in the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154. EPR 2016 came into force on 1 January 2017 and consolidated all of the amendments to the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675. EPR 2010 replaced the provisions of Water Resources Act 1991 that dealt with discharge consents and water pollution offences. EPR 2010 is revoked in full from 9 May 2024. The EPR 2016 is the principle legislation governing the environmental permitting and compliance regime which applies to various activities and industries. The appropriate agency (or regulator) in England is normally the Environment Agency (EA) and in Wales it is normally Natural Resources Wales (NRW).For more on environmental permitting, see:•Environmental Permitting Regulations 2016—permits, applications and exemptions•Environmental Permitting Regulations 2016—permit determinations and appeals•Environmental Permitting Regulations 2016—enforcement, offences and civil sanctions•Water-related permits and exemptions—overviewCriminal offencesA person must not cause or knowingly permit a water discharge activity, except under and to the extent authorised by...
Professional indemnity insurance in construction projects This Practice Note looks at professional indemnity (PI) insurance in the context of construction projects—the requirement to hold insurance, the level and basis of cover and typical wording contained in clauses requiring PI insurance to be maintained. For a wider review of professional indemnity insurance, see Practice Note: Professional indemnity insurance—essentials. This Practice Note refers to a consultant’s obligations to maintain PI insurance, however main contractors and sub-contractors taking on design responsibility will also be required to maintain PI insurance and the principles referred to below also apply to those contractors. A contractor with no design responsibility may not consider it necessary to hold PI insurance, however, in the event that a contractor failed to follow the consultant’s designs, an employer may allege that the contractor made an ‘on-the-spot design decision’, which could trigger a PI policy. For more information, see Practice Note: Design liability in construction contracts—Responsibility for design under different procurement routes (in particular, the section titled ‘Traditional’). Requirement to...
Discover our 203 Practice Notes on Civil liability
Confidentiality agreement — restructuring & insolvency This Agreement is made [insert day and month] 20[insert year] Parties 1 [insert name of debtor company] a company incorporated in [insert country eg England and Wales] under number [insert registered number] whose registered office is at [insert address] (the Company); and 2 The Creditors (as set out in the Schedule) (the Creditors); (each of the Creditors and the Company being a Party and together the Creditors and the Company are the Parties). Recitals (A) the Company agrees to disclose information to the Creditors and the Creditors agree to keep that information confidential and use it solely for the purposes of evaluating, negotiating, monitoring and implementing a [Standstill Agreement OR Restructuring Agreement]. (B) [insert any further recitals]. The parties agree: 1 Definitions and interpretation 1.1 Definitions In this Agreement, unless otherwise provided: Authorised Person • means any officer, employee, director, consultant, agent, affiliate or representative of the Creditors [the Reporting Accountant] and any other legal or financial...
Deed of contribution—private M&A—share purchase This Deed is made on [insert day and month] 20[insert year] Parties 1 The several persons whose names and addresses are set out in the Schedule (together the Sellers and each individually a Seller). BACKGROUND (A) The Sellers have entered into, or will soon enter into, the Share Purchase Agreement with the Buyer regarding their sale of [the entire issued share capital of OR [insert number] [ordinary OR [insert class]] shares in] the Company. [The parties have also entered into or will soon enter into the Tax Covenant.] (B) The Sellers have agreed to regulate the manner in which Claims are dealt with under the Share Purchase Agreement [and the Tax Covenant] and to allocate their respective liabilities arising from any Claim in accordance with the terms of this Deed. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement, unless the context otherwise requires: Agreed Proportion • means as regards each Seller, the percentage set...
Dive into our 22 Precedents related to Civil liability
On a relevant transfer under TUPE 2006, can one of the parties to the transfer (ie the transferor or the transferee) enter into a settlement agreement with an employee in relation to a claim arising under TUPE 2006 which will protect that party from liability in respect of TUPE 2006 if the other party fails to reach a settlement? Consideration should be given to: • the nature of the potential claim or claims • the potential liability of the relevant party in question in respect of that claim (including any joint and several liability) • whether it is possible for the claim(s) in question to be contracted out of, and • whether the relevant party has given (or received) indemnities to (or from) the other party to the transaction Nature of the claim and apportionment of liability under TUPE 2006 Claims arising in a situation to which Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 applies may include: • unfair dismissal •...
In circumstances where a company has been selling product which is contaminated with Japanese knotweed, what potential liability could the company face and could the directors be personally liable? Environmental liability The company could be liable under a number of environmental regimes, including criminal liability under the: • Wildlife and Countryside Act 1981 (as amended) (WCA 1981) • Environmental Protection Act 1990 (EPA 1990) • Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 Civil and other liability may also arise as set out below. Potential liability under the Wildlife and Countryside Act 1981 Offence Japanese knotweed (Polygonum cuspidatum) is an invasive non-native species (INNS). It is an offence under WCA 1981, s 14(2) if any person ‘plants or otherwise causes to grow in the wild' a plant listed in WCA 1981, Sch 9 Pt II (eg Japanese knotweed). Whether or not the company has committed an offence is likely to depend on how and where its customers have used the product and whether this has...
See the 41 Q&As about Civil liability
This week's edition of Corporate weekly highlights includes news of the government publishing a policy paper in support of its Modern Industrial Strategy, focussed on economic growth and industrial renewal. Key highlights are the government moving forward with implementing the introduction of ARGA to replace the FRC as the statutory regulator for audit and corporate governance, and a 12–week consultation on amending the National Security and Investment Act 2021 foreign direct investment regime (specifically, amending the list of sectors caught by the regime). There is otherwise a focus on corporate governance issues and continuing with reforms to the UK listing regime.
This week's edition of Banking and Finance weekly highlights includes: (1) the government announces consultation on amending NSIA foreign direct investment regime as part of Modern Industrial Strategy; (2) three consultations are launched by the government to modernise the UK sustainability reporting framework; and (3) the Commission proposes reforms to EU securitisation market.
Read the latest 114 News articles on Civil liability
**Trials are provided to all ÀÏ˾»úÎçÒ¹¸£Àû content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these ÀÏ˾»úÎçÒ¹¸£Àû services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
0330 161 1234