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Unlike other jurisdictions, courts in the UK have not normally made a distinction between gross negligence and negligence of any other kind (para 54).
In a recent case however where a set of terms and conditions excluded liability for negligence “other than gross negligence or wilful default”, the court held that a distinction does exist and that an (otherwise negligent) failure to exercise proper skill and care might not amount to gross negligence unless there was also (for example) an “indifference to an obvious risk”.
It’s a distinction that may well be seized upon by those drafting contracts for suppliers – being grossly negligent suggests a greater lack of care than mere negligence, and a greater hurdle to be overcome in the event of a claim. From a customer’s perspective it is a distinction worth looking out for if you want to ensure you have a remedy for mere (trivial) negligence on the part of those providing financial or other services and want to ensure you receive the highest standards of care.
With its claims to disrupt and transform many areas of our lives, AI is now part of our day to day vocabulary.
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Are you frustrated by Brexit? If so, that’s more than can be said of the European Medicines Agency’s (EMA) £13m a year lease at Canary Wharf.
Last week, the annual Consumer Electronics Show in Las Vegas showcased some emerging consumer technologies - from a sensor which tests food for peanuts to air-bags for your hip.
The Royal Bank of Scotland is current embroiled in a £12billion class action brought by its former shareholders over the bank’s fundraising before its 2008 government bailout.
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