Civil liability Definition

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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.

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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...

Professional indemnity insurance in construction projects

Professional indemnity insurance in construction projects This Practice Note looks at professional indemnity (PI) insurance in the context of construction projects—the requirement to hold insurance, the level and basis of cover and typical wording contained in clauses requiring PI insurance to be maintained. For a wider review of professional indemnity insurance, see Practice Note: Professional indemnity insurance—essentials. This Practice Note refers to a consultant’s obligations to maintain PI insurance, however main contractors and sub-contractors taking on design responsibility will also be required to maintain PI insurance and the principles referred to below also apply to those contractors. A contractor with no design responsibility may not consider it necessary to hold PI insurance, however, in the event that a contractor failed to follow the consultant’s designs, an employer may allege that the contractor made an ‘on-the-spot design decision’, which could trigger a PI policy. For more information, see Practice Note: Design liability in construction contracts—Responsibility for design under different procurement routes (in particular, the section titled ‘Traditional’). Requirement to...

Discover our 21 Practice Notes on Civil liability

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...

Confidentiality agreement — restructuring & insolvency

Confidentiality agreement — restructuring & insolvency This Agreement is made [insert day and month] 20[insert year] Parties 1 [insert name of debtor company] a company incorporated in [insert country eg England and Wales] under number [insert registered number] whose registered office is at [insert address] (the Company); and 2 The Creditors (as set out in the Schedule) (the Creditors); (each of the Creditors and the Company being a Party and together the Creditors and the Company are the Parties). Recitals (A) the Company agrees to disclose information to the Creditors and the Creditors agree to keep that information confidential and use it solely for the purposes of evaluating, negotiating, monitoring and implementing a [Standstill Agreement OR Restructuring Agreement]. (B) [insert any further recitals]. The parties agree: 1 Definitions and interpretation 1.1 Definitions In this Agreement, unless otherwise provided: Authorised Person • means any officer, employee, director, consultant, agent, affiliate or representative of the Creditors [the Reporting Accountant] and any other legal or financial...

Dive into our 11 Precedents related to Civil liability

The impact of the Terrorism (Protection of Premises) Act 2025 on the property industry

Property analysis: In this analysis, Andrew Butler KC of Tanfield Chambers considers (a) the impact of the Terrorism (Protection of Premises) Act 2025 (T(PP)A 2025) on property owners; (b) the impact on landlords and tenants and how the responsibilities and duties should be divided between them; and (c) how, if at all, this will impact lease drafting.

Ruling on the scope of ‘same damage’ in a contribution claim pursued by a motor insurer sued directly (Navid Doroudvash v Zurich Insurance plc)

PI & Clinical Negligence analysis: Can a motor insurer sued directly under the European Communities (Rights Against Insurers) Regulations 2002 (2002 Regulations) bring a Part 20 claim in its own name pursuant to the Civil Liability (Contribution) Act 1978? The potential additional party argued not. Written by Jamie Clarke, barrister at Crown Office Chambers.

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