Negligence and Damages Publications

Negligence and Damages Committee Publications

The Negligence and Damages Committee publishes a variety of interesting articles and other content of relevance to the practice area. Some items are only available to Committee members via logging in after clicking on the item. Forgotten login details?

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Do financial service providers need to reimburse kickbacks to their clients? Recent developments in Switzerland
By Helmut Schwärzler, Gabi Loepfe-Lazar and Isabelle Thöny
A Swiss perspective on the controversial issue of whether financial service providers are obliged to surrender kickbacks, retrocessions, distribution fees and all other monetary benefits to clients which they received as part of their contractual relationship.
Professional ethics and discipline of lawyers - Negligence and Damages Committee, April 2017
By Yusuf Ali San
This article looks into the supervision of lawyers in Nigeria, as well as impact the work the Ethics Tribunal has on the professional liability of lawyers in Nigeria.
Public security and liability of states: deconstructing the Nigerian experience - Negligence and Damages Committee, April 2017
By Wahab Egbewole
This article examines the position of Nigeria in accepting responsibility for public security of its citizens and how it can be improved upon.
State responsibility for ‘lack of service’ - Negligence and Damages Committee, April 2017
By Federico Jiménez Herrera
The article considers the state responsibility for ‘lack of service’ in the worst non-natural tragedy in the history of Buenos Aires.
Can you be held responsible for texting a driver who crashes? - Negligence and Damages Committee newsletter, September 2015

In September of 2009, Kyle Best (Wharton, NJ) was driving home from work when he crossed the double yellow line of the road and crashed his car into a couple riding a motorcycle. As a direct consequence of the collision, Linda and David Kubert each had amputations to their left legs.
The need for urgent reform in the assessment of damages for negligence in Nigeria: Ighreriniovo v SCC (Nig) Ltd as a case study - Negligence and Damages Committee newsletter, September 2015

A victim of a negligent act that results in the loss of social or physical amenities, will ordinarily expect the judicial system to come to his aid, by ensuring that he is adequately compensated for any physical loss that might result from the negligent act of another.
Exemplary damages: placing the law above the state and citizens - Negligence and Damages Committee newsletter, September 2015

This short article highlights one of the subtle expressions of the remedy known as exemplary damages. Opening the 2013 annual IBA Conference in Boston, the former US Secretary of State, Madeleine Albright in her keynote address on the importance of the rule of law, highlighted amongst other things, the connections between law, poverty and human rights on the one hand, and the difference between just and unjust laws on the other hand.
Negligence and Damages Committee newsletter, August 2011

Download the Negligence and Damages Committee Newsletter, August 2011, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Negligence and Damages Committee newsletter, July 2010

Download the Negligence and Damages Committee Newsletter, July 2010, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Negligence and Damages Committee newsletter, October 2008

Download the Negligence and Damages Committee Newsletter, October 2008, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Dispute Resolution International

Dispute Resolution International is the journal of the IBA's Dispute Resolution Section. It provides in-depth discussion of current developments and topical issues in all areas of dispute resolution, including litigation, arbitration, mediation and other areas of alternative dispute resolution, as well as negligence and damages.
Mediation Techniques
Consulting editor: Patricia Barclay
The IBA is pleased to announce the launch of its first e-book entitled Mediation Techniques.