What does Civil liability mean? In legal practice, civil liability describes a party’s exposure, in civil proceedings, to pay damages or comply with court-ordered remedies for loss, injury or interference with rights suffered by another. It is a descriptive expression rather than a single statutory definition. Civil liability arises across multiple causes of action, including breach of contract; tort (England & Wales, Northern Ireland and Ireland) or delict (Scotland) such as negligence, nuisance and misrepresentation; breach of statutory duty; equitable wrongs; restitution/unjust enrichment; and strict or vicarious liability (for example, occupiers’ liability and product liability). Civil liability is distinct from criminal liability, although the same facts...
Read More
This Practice Note reviews principal UK legal matters connected to the deployment of unmanned aircraft, or drones, for leisure and business purposes. Unmanned aircraft systems are typically grouped into three broad classes recognised by regulators, covering the spectrum of activities relevant to recreational and commercial use in the UK context. The largest platforms, such as those designed for carrying passengers or for extended-range military use, are regulated as if they were crewed aircraft. Accordingly, they face comprehensive rules: airframe certification and registration, pilot licences, and operating procedures comparable to those applied in conventional civil aviation operations. This Practice Note does not address that class. A second class encompasses operations that cannot satisfy conventional certification, yet can be shown to be safe in practice. For many years, aviation authorities have possessed, and sometimes been obliged to exercise, powers to authorise such activities via permit-to-fly regimes, or by exempting operators from specified aeronautical rules. Often, these permissions or waivers carry platform-specific conditions or constraints tailored to the particular operation, reflecting the risk presented to third parties in the vicinity. The third class comprises lightweight drones flown at low altitude, within visual line of sight, at low level and within sight during...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...