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Negligence – property valuation

Two key principles emerged from a recent CA decision on negligent property valuations...

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Rylands v Fletcher – fire

The CA has severely reduced the potential for bringing claims under Ryland v Fletcher [1868] UKHL 1 in the context of fire damage. While such fire damage could come within the scope of the Rylands v Fletcher rule, such cases are likely to be ‘very rare’. 
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Builder – tort liability?

You contract to buy a new house in 1991. The contract says the seller will complete the work in an efficient and workman like manner, but it will not be responsible for any defect outside the scope of the NHBC certificate (nor for any loss or damage arising from such a defect). It then takes 13 years for it to become apparent that the chimney flues have not been built correctly. Do you have any remedy? 


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Defamation – limitation period

Do you know the limitation period of a defamation claim? It seems that surprisingly few people do – in fact, it is one year (only).

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Professional – client reminders

A recent professional negligence claim illustrates the importance of reminding clients of key dates.

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Libel – internet

Internet service providers (ISPs) get some protection from defamation claims by s1 Defamation Act 1996. The intention was to give ISPs protection that was similar to the common law defence of ‘innocent dissemination’ given to newsagents and libraries who innocently publish defamatory material.

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Privacy – update

Most of the focus on ‘privacy’ has been on the litigation involving Max Mosley (and his sexual preferences). As everyone will know, Article 8, which guarantees the right to respect for private and family life, prevailed over Article 10, which protects the right to freedom of expression.

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