The New South Wales Court of Appeal upheld the decision of a lower court, holding an insurer liable to indemnify its insured, a prison detention centre for failing to assess the risk of a chronic schizophrenic prison inmate. The inmate threw himself from a building and suffered serious brain and other physical injuries.
The issue
The Information Regulator published draft regulations under the Protection of Personal Information Act 2013 (POPI) for public comment by 7 November 2017.
The regulations cover various procedural items, including:
In August 2017, a US federal court held that the indemnity for ‘activities’ on behalf of the insured under a liability policy of an insured and its members does not extend to cover arson or attempted suicide by two mentally ill patients who attempted to commit suicide by burning down their apartments owned and managed
A cession of rights as security may include rights which only come into existence in future as in the cession of future book debts. The agreement to cede such rights requires no further action on the part of the cedent at the future time when those rights come into existence. They automatically form part of
Technological and business model disruption has spurred Norton Rose Fulbright’s focus in seeking new inventive solutions for clients. We are working with new and emerging technology to drive efficient legal services and to reduce costs.
We are already providing cutting edge legal-tech solutions, and this will grow. For example, our ‘POPI Counsel’ is in essence
It is likely that insider trading in the US will in future include the situation where the information is disclosed with the expectation that the recipient would trade on it and the disclosure resembles trading by the insider, resulting in the gift of the profits to the recipient.
In United States v Martoma the insider
Where a mandatory and material procedure or condition is overlooked when an administrative decision is made, the omission cannot be ignored on the basis that the outcome was inevitable even if the step was taken. No-one can argue that following the correct procedure would have made no difference. It cannot be known with certainty what
A US court of appeals upheld the exclusion in a policy issued by Lloyd’s Underwriters for losses ‘caused directly or indirectly by flood’ in relation to a claim where a river basin marina lost five of its docks in a storm which generated strong winds and 18cm of rain causing the river to rise about