Civil liability meaning

ARCHIVED This Checklist is archived and is not maintained or updated. It considers how UK courts would apply Regulation (EU) 1215/2012, Brussels I (recast)—which concerns the allocation of court jurisdiction for civil and commercial matters—if the UK were to leave the EU on exit day without a deal, the so‑called ‘no deal Brexit’ scenario. ‘Exit day’ has the meaning given by section 20 of the European Union (Withdrawal) Act 2018. The Checklist reviews the Regulation’s jurisdictional articles and evaluates whether the UK courts will apply them and, if so, in what way. The outcome varies depending on whether proceedings are started before exit day (with the jurisdictional issue decided afterwards) or initiated after exit day. The principal UK instrument is the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, SI 2019/479. Coming into force on exit day, it includes a range of savings provisions and modifications to Regulation (EU) 1215/2012, Brussels I (recast), alongside amendment and revocation of specified UK and EU legislation. For details of the legislation...

ARCHIVED : This Checklist has been archived and is not maintained. This Checklist assesses the stance EU courts are anticipated to take in relation to the application of Regulation (EU) 1215/2012, Brussels I (recast), should the UK leave the EU on exit day without an agreement, the so‑called ‘no deal Brexit’ scenario. In particular, it considers and reviews the Regulation’s articles that address jurisdiction, together with the effects of a no deal Brexit on their practical application in proceedings featuring a UK element (whether involving a defendant domiciled in the UK, a jurisdiction agreement in favour of a UK court, or parallel or related proceedings brought before the UK courts). The position differs depending on whether proceedings were commenced prior to exit day (with the jurisdictional dispute to be determined after that date) or whether the proceedings were instituted after exit day...

Procedural Guide This Procedural Guide explains the process for making an application under the Civil Procedure Rules 1998 (CPR), in line with CPR 72 and CPR PD 72, together with the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, to enforce a liability owed to the debtor by a third party within the jurisdiction (formerly described as a garnishee order). It also provides direction on interim third party debt orders, duties of third parties, hardship payment orders, the evidence required and the range of orders the court may make and grant where appropriate. A third party debt order is an enforcement route enabling a creditor to recover sums, for example arrears of maintenance or a lump sum, from money payable and owed to the debtor by a third party within the jurisdiction. This encompasses funds held in the debtor’s name with a bank or building society. Whether a third party debt order is granted lies within the court’s discretion and will depend upon the circumstances prevailing at the time...

In this issue: Key DR developments Claims and remedies Cross-border disputes Dates for your diary Useful information Daily and weekly news alerts Key DR developments Practice Direction update 168th PD update: Approval has been given by the Master of the Rolls and the Parliamentary Under-Secretary of State for Justice to the 168th update to the Practice Directions under the Civil Procedure Rules (CPR). This update alters CPR PD 51ZC, prolonging the small claims paper determination pilot until 1 December 2024; that change took effect on 31 May 2024. It also revises CPR PD 74A to provide for the registration of foreign judgments for recognition and enforcement pursuant to the Hague Judgments Convention. The amendments to CPR PD 74A will commence when the Hague Judgments Convention comes into force in the UK—see LNB News 06/06/2024 6—168th Practice Direction update. Guidance and reports Birmingham Business and Property Courts’ local guidance updated: The Courts and Tribunals Judiciary (CTJ)...

The US Department of Justice (DOJ) under the Trump administration has signalled it will deploy every instrument at its disposal—including the FCPA and the Anti-Terrorism Act (ATA)—to go after such targets. What, then, should compliance professionals understand about where FCPA and ATA risks intersect? At face value, the FCPA and ATA seem to address separate exposures: the FCPA tackles bribery of overseas officials, whereas the ATA centres on, among other matters, supplying material support to, or aiding and abetting, foreign terrorist organisations (FTOs). In reality, though, these hazards can collide—especially in markets with significant FTO presence—producing concurrent exposure. Background On 20 January 2025, President Donald Trump signed Executive Order No 14157, directing, among other measures, that specified international cartels and other transnational criminal organisations (TCOs) be classified as FTOs. Since February 2025, the US State Department has designated 11 organisations—primarily in Latin America—as FTOs. These listings carry meaningful consequences: the ATA imposes broad civil and criminal liability for furnishing material support to FTOs, and permits asset forfeiture...

In this issue: Sustainable finance and ESG weekly round-up Economic Crime and Corporate Transparency Act 2023 Lending Acquisition finance Shipping finance Real estate finance Sustainable finance Debt capital markets Derivatives Regulation for banking lawyers Sanctions Daily and weekly news alerts New and updated content Useful information Sustainable finance and ESG weekly round-up For a summary of this week’s Sustainable finance and ESG developments, see Sustainable finance and ESG weekly round-up—14 November 2024. Economic Crime and Corporate Transparency Act 2023 Economic Crime and Corporate Transparency Act 2023 (Commencement No 3) Regulations 2024 (SI 2024/1108): Provisions in ECCTA 2023 on civil recovery of cryptoassets in Scotland took effect on 7 November 2024, and measures introducing the UK-wide offence of failure to prevent fraud will commence on 1 September 2025. See: LNB News 07/11/2024 12. Unique Identifiers (Application of Company Law) Regulations 2024 (SI 2024/Draft): These draft Regulations would widen...

This Practice Note sets out the essentials of Regulation (EU) 2024/2847, the EU Cyber Resilience Act (CRA): its background, timeline, aims, and how it aligns with other EU laws. For details on the CRA’s scope or core duties for economic operators, see the following Practice Notes: The EU Cyber Resilience Act—scope and classification of products The EU Cyber Resilience Act—obligations, compliance and enforcement Regulation (EU) 2024/2847, known as the CRA, is the first EU measure to set mandatory cybersecurity requirements for ‘products with digital elements’ across the EU. From December 2027, products that do not satisfy these requirements cannot be placed on the EU market. Accordingly, compliance will be crucial for market entry for both hardware and software. Manufacturers, importers and distributors will have extensive cybersecurity responsibilities and risk significant fines for non-compliance. The CRA was published in the Official Journal of the EU on 20 November 2024, entered into force on 10 December 2024, and applies in full from 11...

Taxation regime What factors determine tax liability in your jurisdiction (eg domicile, residence or citizenship)? Türkiye’s tax landscape is intricate, operating through numerous laws, regulations, communiqués and subsequent amendments. The key legislative instruments include: Tax Procedure Law No. 213 (10 January 1961) Corporate Tax Law No. 5520 (21 June 2006) Value Added Tax Law No. 3065 (2 November 1984) Stamp Tax Law No. 488 (11 July 1964) Income Tax Law No. 193 (6 January 1961) Broadly, the Turkish Tax System is considered under three headings: (i) income taxes, such as individual income tax and corporate income tax; (ii) taxes on expenditure, including Value Added Tax (VAT), the Banking and Insurance Transactions Tax and Stamp Tax; and (iii) taxes on wealth, for example Property Tax and Inheritance and Gift Tax. For natural persons, residency, ownership of property and citizenship are key in determining which taxes apply in Türkiye. An individual’s tax burden is mainly linked to their earnings,...

This Practice Note reviews the duty of care applicable in professional negligence actions and the suitable legal yardstick for proving liability in professional negligence proceedings in Ireland. It sets out what amounts to professional negligence and the manner in which it is proved. It also addresses the various legal foundations for such claims. It then examines the care standards expected of healthcare practitioners, solicitors and barristers, and the construction profession, within the context of potential professional negligence claims against them. Lastly, it indicates when a professional’s duty of care may extend to third parties. What is professional negligence? Professional negligence is a civil action against a professional who owes a contractual and/or tortious duty to the plaintiff, and who breaches that duty by behaving in a manner no other reasonable member of that profession would adopt, thereby causing loss or damage to the plaintiff. How do you establish professional negligence?...

This Agreement is dated [ date ] Parties [ insert name of the pursuer ], a company registered in Scotland (no [ insert company number ]), whose [ registered office OR principal place of business ] is at [ insert address ] (the Pursuer) [ and ] [ ; ] [ insert name of defender ], a company registered in Scotland (no [ insert company number ]), whose [ registered office OR principal place of business ] is at [ insert address ] (the Defender). Each being a Party and, together, the Parties. Whereas (A) [ Insert details of the background to the dispute eg ‘The Parties entered into a contract for the supply of certain goods etc ]. (B) A dispute has emerged between the Parties regarding [ insert details of the dispute ] (the Dispute). (C) [ Proceedings were raised by the Pursuer against the Defender on [ date ] by way of [ Summons OR...

PRIVATE & CONFIDENTIAL [ insert name and address of client ][ insert date ] Dear [ insert name ] The court has issued directions to both sides, outlining the actions required as your claim advances. The initial step is the exchange of relevant documents through disclosure. I am to prepare, using the prescribed format, a schedule of every document you hold, or have previously held, within your control that relates to any of the issues in your claim. This signed list must be lodged with the court and served on the defendant by [ insert date ]. By the same deadline, the defendant must likewise file with the court and serve upon us a list of all documents the defendant has, or once had, that are pertinent to any issue in your claim. This letter sets out what disclosure entails, the stages involved, and your continuing disclosure duties throughout the litigation. Disclosure—meaning and purpose Disclosure is the procedural stage in civil litigation, including personal injury...

[ ON THE CLAIMANT’S SOLICITORS’ LETTERHEAD ] For the attention of [ RELEVANT NAME ] [ NAME OF DEFENDANT OR, IF KNOWN, DEFENDANT’S SOLICITOR ] [ ADDRESS LINE 1 ] [ ADDRESS LINE 2 ] [ POSTCODE ] [ INDICATE IF SERVED BY FIRST CLASS POST / EMAIL / HAND DELIVERY, ETC ] [ DATE ] Dear [ insert organisation name ] [ PROSPECTIVE CLAIMANT’S NAME ] AND [ PROSPECTIVE DEFENDANT’S NAME ] Letter of Claim Introduction We refer to our earlier correspondence dated [ insert date of prior correspondence sent, if any ]. As you will be aware, we act for [ insert client’s full name ], of [ insert full address ]. This correspondence constitutes our client’s letter of claim, issued in line with the Pre-Action Protocol for Personal Injury Claims (the ‘Protocol’) within the Civil Procedure Rules, and a copy is enclosed for ease of reference. Please turn to the final...

The issue here is between ‘a claim for personal injuries’, and ‘a claim in negligence or in battery’ This distinction confuses the category of harm (and the relief for it) with the juridical basis of liability. ‘Personal injury’ is not a tort at all—it is a type of harm flowing from a tort, which in turn generates a legal entitlement to redress. It must be differentiated from other forms of physical harm—for example, loss to property—and from other tortious invasions of personal rights (for instance, the reputational harm occasioned by the tort of defamation). The former labels damage; the latter names the actionable wrong...