To establish liability at common law on the part of a mine1 owner whose operations have contributed to or caused damage by subsidence, it is necessary to show that he has infringed a legal right of the party who has suffered injury. Thus if land whose stability has been diminished by undermining subsides in consequence of the mining operations of a neighbouring proprietor, the neighbouring proprietor is under no liability if his land did not afford support to his neighbour's land before any mining took place and the right of support has not been acquired against him for the
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Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
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