3 Apr 2020
The Tribunal erred in refusing joinder of Fletcher (Firth) and Nagel because it improperly resolved factual conflicts and engaged in speculation at the joinder stage; the correct legal test is whether there is tenable evidence of breach and a causative link to the claimant's loss, and on the evidence before the Court there was tenable evidence sufficient to warrant joinder of both Firth and Nagel.
5 Mar 2012
The Court held that territorial authorities can owe a duty of care when negligently supplying LIM information relied upon to the claimant's detriment; the proper measure of damages depends on the nature of the claim — damages under s6 CRA are prima facie expectation/performance (including cost of cure) but cost of cure is appropriate only where it is reasonable and reflects the claimant's performance interest; a tortfeasor's liability is limited to the loss caused in tort (detriment) and can be reduced or extinguished by recovery from the contracting wrongdoer; equitable contribution requires…