Civil liability Definition

GLOSSARY

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What does Civil liability mean?

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.

View the related checklists about Civil liability

Contractual considerations for the procurement of artificial intelligence—checklist

Contractual considerations for the procurement of artificial intelligence—checklist This Checklist highlights the key procurement, licensing and contractual issues relevant to artificial intelligence (AI) or machine learning (ML) solutions. Depending on the specific application, the inclusion of AI may mean adding simple automated functionality, through to creating a complex, intelligent tool controlled by either a third party or by the customer. This Checklist assumes that the AI will be capable of an element of learning and that, as such, one or both of the parties will be involved in training it. For a discussion of methodologies for the management of risks and challenges that might arise during the deployment of AI technology, see News Analysis: Understanding and managing the risks in artificial intelligence (AI) technology projects. General issues related to software development and licensing, systems integration, outsourcing and software support services may also be relevant, depending on the solution, but are not highlighted in this Checklist. For more, see Practice Notes: • Key issues in software licence agreements • Software development...

EU and global sustainable finance and ESG—timeline

EU and global sustainable finance and ESG—timeline This timeline outlines the key developments relating to sustainable finance and environmental, social and governance (ESG) in the financial sector (and associated requirements, such as disclosures, transition plans) from an EU and international perspective. Sustainable finance and ESG (including climate change) issues relate to the integration of ESG factors, risks and preferences in financial products and services, as well as in investment, financing and business decisions, operations and risk management. For information on the Commission’s Sustainable finance action plan, see Practice Note: Climate change and sustainability issues for the EU financial sector. For information on UK and International developments, see Overview: Sustainable finance and ESG—overview. For information on EU, international and UK developments in Sustainable finance and ESG before 2021, see Checklist: Sustainable finance and ESG—timeline 2016–2021 [Archived]. 2024 Date Source Document Description 11 November 2024 Council of the European Union Draft REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the transparency and integrity of Environmental, Social and Governance...

Environmental Permitting Regulations 2016—water discharge activities

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...

Complaints—SRA 2011 regime and SRA 2019 regime compared [Archived]

Complaints—SRA 2011 regime and SRA 2019 regime compared [Archived] ARCHIVED: This archived Practice Note contrasts the requirements in the Solicitors Regulation Authority’s (SRA’s) 2011 and 2019 regimes as well as wider requirements in relation to complaints. There is a separate Practice Note providing more detailed guidance on the SRA’s 2019 complaints requirements—see Practice Note: Complaints—law firms. Regulatory requirements in relation to complaints are contained in various places, including the 2019 Codes, the SRA Financial Services (Conduct of Business) Rules, the SRA Transparency Rules and the SRA Indemnity Rules. Applicable requirements also stem from the Legal Services Board (LSB). These are summarised in the Legal Ombudsman (LeO) Scheme Rules. SRA requirements in the 2019 Codes in relation to complaints specifically apply only when you are providing services to the public or a section of the public. The requirements in the 2019 Codes represent the bare bones of those in the 2011 Code. You will see in the tables below, however, that the pared-down requirements in the 2019 Codes...

Discover our 412 Practice Notes on Civil liability

Memorandum on the responsibilities and obligations of a director of an AIM company

Memorandum on the responsibilities and obligations of a director of an AIM company 1 Introduction 1.1 This memorandum has been prepared for the directors and proposed directors (the Directors) of the Company to provide a general introduction to the principal responsibilities and obligations of a director of a company whose shares are admitted, or will be admitted, to AIM, a market operated by London Stock Exchange plc (LSE). 1.2 Once a company’s securities are admitted to trading on AIM, a company and its directors are subject to an increased layer of regulation. This includes requirements set out in the AIM Rules for Companies published by the LSE (AIM Rules), the Disclosure Guidance and Transparency Rules sourcebook (DTRs), the Prospectus Rules and the Market Abuse Regulation. 1.3 As a Director, you will be responsible (individually and collectively with your fellow Directors) for the Company's compliance with these provisions. The LSE has the power to fine or publicly censure an AIM company in the case of a...

Deed of contribution—private M&A—share purchase

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 32 Precedents related to Civil liability

What obligations does an occupier of land have to a neighbour where Japanese knotweed has spread from their land to neighbouring land?

What obligations does an occupier of land have to a neighbour where Japanese knotweed has spread from their land to neighbouring land? An occupier of land could face liability for the spread of Japanese knotweed to neighbouring land in a number of ways, including: • under section 14 of the Wildlife and Countryside Act 1981 (WCA 1981), which makes it an offence to plant or cause Japanese knotweed to grow • under section 34 of the Environmental Protection Act 1990, which imposes a duty of care on people dealing with controlled waste (Japanese knotweed), to take reasonable steps to keep that waste safe • through a claim for private for private nuisance For more information, see Practice Notes: Japanese knotweed—legal framework and Japanese knotweed—management, which also cover the amendments to the WCA 1981, added by the Infrastructure Act 2015, concerning Japanese knotweed and species control agreements and orders. Private nuisance This Q&A concerns the spread of Japanese knotweed to neighbouring land and so it involves a focus...

Person 1 is the freehold owner of Plot A and also had a lease of the neighbouring plot, Plot B. Person 1 grants a lease to Person 2 of Plots A and B. Person 1's leasehold tenure of Plot B comes to an end—Person 2 now ends up with a split reversion landlord situation, having Person 1 as landlord with control over Plot A and the original freehold owner of Plot B as its other landlord. Are the landlords jointly and severally liable for landlord covenants under the lease (which is holding over)?

Person 1 is the freehold owner of Plot A and also had a lease of the neighbouring plot, Plot B. Person 1 grants a lease to Person 2 of Plots A and B. Person 1's leasehold tenure of Plot B comes to an end—Person 2 now ends up with a split reversion landlord situation, having Person 1 as landlord with control over Plot A and the original freehold owner of Plot B as its other landlord. Are the landlords jointly and severally liable for landlord covenants under the lease (which is holding over)? A split reversion (also known as a severed reversion) most commonly arises when a landlord, after granting a lease of a property, disposes of their reversionary interest in part of the property by selling part of the property to a third party. As a result of that dealing, the tenant (who remains in occupation of the whole property under the original lease) finds themselves with two landlords in respect of different parts of the property...

See the 50 Q&As about Civil liability

Insurance & Reinsurance weekly highlights—19 December 2024

This week's edition of Insurance & Reinsurance weekly highlights includes: Sky can claim more in insurance dispute over faulty roof; Spain can’t enforce €855m oil spill award against insurers; High car insurance keeping 2.6 million from driving in UK; PRA publishes policy statement and supervisory statement on solvent exit planning for insurers; PRA postpones dynamic general insurance stress test and revises stress testing schedule; EIOPA publishes results of 2024 Insurance Stress Test; ECB and EIOPA propose European approach to mitigate economic impact of natural disasters; EIOPA publishes December 2024 Financial Stability Report.

Insurance & Reinsurance weekly highlights—12 December 2024

This week's edition of Insurance & Reinsurance weekly highlights includes: Case analysis written by Sarah Prager KC, barrister at Deka Chambers in relation to the interaction between the Civil Liability (Contribution) Act 1978 and the Third Parties (Rights Against Insurers) Act 2010; Insured losses from disasters to top US$135bn, Swiss Re says; Insurers set to see boost from UK discount rate change; Insurance giant Allianz warns of rising insolvencies in 2025; PRA consults on liquidity reporting reforms for insurers; FCA outlines Consumer Duty focus areas and priorities for 2024/25; FCA issues updated perimeter report of December 2024; UK insurers post leadership diversity gains; FSB publishes inaugural list of insurers subject to resolution planning standards; IAIS adopts global insurance capital standard; cases and decisions; key dates for your diary; and other news highlights reported over the past week.

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