John Lowry
Biographic Data
| ID | 5579042 |
|---|---|
| NAME | John Lowry |
| GIVEN NAMES | John |
| FAMILY NAME | Lowry |
| SIGNATURE | LOWRY J |
| AFFILIATIONS | College of Law |
| ORCID | 0000-0002-8957-6799 |
| VERIFIED | No |
| TOTAL WORKS | 9 |
| TOTAL CITATIONS | 4 |
| WORKS AS AUTHOR | 9 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 1998 |
| LATEST PUBLICATION YEAR | 2017 |
| H-INDEX | 2 |
Application of a new river classification scheme to Australia's tropical rivers
A revised typology of Australian tropical rivers was applied to the complete channel network (named and major rivers) shown on 1:250 000 topographic maps for three large drainage basins in northern Australia (Daly River, NT; Fitzroy River, WA; Flinders River, Qld). Reach mapping and classification were conducted using the revised typology. The 12 major river types proposed were: (1) bedrock rivers; (2) bedrock‐confined and ‐constrained rivers; (3…
Insurance Fraud and the Role of the Civil Law
Two UK Supreme Court decisions have considered insurance fraud. The first, Versloot Dredging BV v HDI‐Gerling Industries Versicherung (The DC Merwestone) , concerned the use of a fraudulent device being harnessed to support a legitimate claim which, in the view of the majority, was an area of insurance law in need of re‐evaluation. The second, Haywood v Zurich Insurance Co , concerned the use of fraud to increase the settlement paid by the insure…
‘That wicked rule, that evil doctrine … ’
The C onsumer I nsurance ( D isclosure and R epresentations) A ct 2012, which abolishes the consumer assured's duty to volunteer information, heralds the first successful outcome of the E nglish and S cottish L aw C ommissions current insurance contract law reform project. This paper outlines the defects of the common law duty of disclosure which the L aw C ommissions sought to address. It goes on to consider why previous legislative attempts fai…
The Irreducible Core of the Duty of Care, Skill and Diligence of Company Directors
The decision in ASIC v H ealey raises hitherto unexplored questions about the standard of care of non‐executive directors in monitoring the production of financial statements. More particularly, it considers the power of directors to delegate areas of responsibility requiring specialist knowledge and the degree of permissible reliance on professional advisers. The reasoning of the judge will doubtless prove helpful to the E nglish courts not only…
Reconstructing Insurance Law
In July 2007 the English and Scottish Law Commissions published the consultation paper Insurance Law – Non‐disclosure and Breach of Warranty (hereafter LCCP) which sets out in detail the Commissions' provisional proposals for the reform of insurance contract law with particular reference to the key areas of utmost good faith, warranties and agency. This article analyses, from a critical standpoint, the LCCP's principal conclusions and recommendat…
Proximate Causation in Insurance Law
The recent decision in Midland Mainline v Eagle Star Insurance Co Ltd, has returned the Court of Appeal to some thorny questions concerning causation in insurance contracts. The case resulted from the Hat¢eld rail disaster in 2000 in which four people diedwhen a trainwas derailed by a broken track. Following the crash, Railtrack plc, the operator of the track, decided to impose emergency speed restrictions (ESRs) across those parts of the rail ne…
Insurers, Claims and the Boundaries of Good Faith
This article examines the refusal of the English courts to award damages for consequential losses following unreasonable delay on the part of insurers in settling a claim. This has the potential to give rise to dire consequences for insureds. These difficulties have been addressed in North American jurisdictions where the concept of good faith has been developed and applied as a means of both compensating insureds and regulating the conduct of in…
The Continuing Value of Relief for Directors' Breach of Duty
The nature and scope of relief for directors in breach of their duties did not figure prominently in the Steering Group's fundamental review of company law. Little is proposed beyond removing one of the two pre‐conditions for relief laid down in section 727 of the Companies Act 1985; the requirement of reasonableness. This article seeks to subject the relieving discretion to a more radical re‐appraisal. Drawing upon the views expressed by its arc…
The Corporate Opportunity Doctrine
A central concern for all those actively engaged in the continuing corporate governance debate is the question of how best to hold the tension between allowing company directors their entrepreneurial heads whilst ensuring appropriate safeguards for the company itself. Take one problem as an illustration. What is the potential liability of a director who personally pursues a business venture which corresponds to the line of business of the company…
Reconstructing Insurance Law
In July 2007 the English and Scottish Law Commissions published the consultation paper Insurance Law – Non‐disclosure and Breach of Warranty (hereafter LCCP) which sets out in detail the Commissions' provisional proposals for the reform of insurance contract law with particular reference to the key areas of utmost good faith, warranties and agency. This article analyses, from a critical standpoint, the LCCP's principal conclusions and recommendat…
Insurers, Claims and the Boundaries of Good Faith
This article examines the refusal of the English courts to award damages for consequential losses following unreasonable delay on the part of insurers in settling a claim. This has the potential to give rise to dire consequences for insureds. These difficulties have been addressed in North American jurisdictions where the concept of good faith has been developed and applied as a means of both compensating insureds and regulating the conduct of in…
The Corporate Opportunity Doctrine
A central concern for all those actively engaged in the continuing corporate governance debate is the question of how best to hold the tension between allowing company directors their entrepreneurial heads whilst ensuring appropriate safeguards for the company itself. Take one problem as an illustration. What is the potential liability of a director who personally pursues a business venture which corresponds to the line of business of the company…
The Continuing Value of Relief for Directors' Breach of Duty
The nature and scope of relief for directors in breach of their duties did not figure prominently in the Steering Group's fundamental review of company law. Little is proposed beyond removing one of the two pre‐conditions for relief laid down in section 727 of the Companies Act 1985; the requirement of reasonableness. This article seeks to subject the relieving discretion to a more radical re‐appraisal. Drawing upon the views expressed by its arc…
Proximate Causation in Insurance Law
The recent decision in Midland Mainline v Eagle Star Insurance Co Ltd, has returned the Court of Appeal to some thorny questions concerning causation in insurance contracts. The case resulted from the Hat¢eld rail disaster in 2000 in which four people diedwhen a trainwas derailed by a broken track. Following the crash, Railtrack plc, the operator of the track, decided to impose emergency speed restrictions (ESRs) across those parts of the rail ne…
Insurers, Claims and the Boundaries of Good Faith
This article examines the refusal of the English courts to award damages for consequential losses following unreasonable delay on the part of insurers in settling a claim. This has the potential to give rise to dire consequences for insureds. These difficulties have been addressed in North American jurisdictions where the concept of good faith has been developed and applied as a means of both compensating insureds and regulating the conduct of in…
Reconstructing Insurance Law
In July 2007 the English and Scottish Law Commissions published the consultation paper Insurance Law – Non‐disclosure and Breach of Warranty (hereafter LCCP) which sets out in detail the Commissions' provisional proposals for the reform of insurance contract law with particular reference to the key areas of utmost good faith, warranties and agency. This article analyses, from a critical standpoint, the LCCP's principal conclusions and recommendat…
‘That wicked rule, that evil doctrine … ’
The C onsumer I nsurance ( D isclosure and R epresentations) A ct 2012, which abolishes the consumer assured's duty to volunteer information, heralds the first successful outcome of the E nglish and S cottish L aw C ommissions current insurance contract law reform project. This paper outlines the defects of the common law duty of disclosure which the L aw C ommissions sought to address. It goes on to consider why previous legislative attempts fai…
The Irreducible Core of the Duty of Care, Skill and Diligence of Company Directors
The decision in ASIC v H ealey raises hitherto unexplored questions about the standard of care of non‐executive directors in monitoring the production of financial statements. More particularly, it considers the power of directors to delegate areas of responsibility requiring specialist knowledge and the degree of permissible reliance on professional advisers. The reasoning of the judge will doubtless prove helpful to the E nglish courts not only…
Application of a new river classification scheme to Australia's tropical rivers
A revised typology of Australian tropical rivers was applied to the complete channel network (named and major rivers) shown on 1:250 000 topographic maps for three large drainage basins in northern Australia (Daly River, NT; Fitzroy River, WA; Flinders River, Qld). Reach mapping and classification were conducted using the revised typology. The 12 major river types proposed were: (1) bedrock rivers; (2) bedrock‐confined and ‐constrained rivers; (3…
Insurance Fraud and the Role of the Civil Law
Two UK Supreme Court decisions have considered insurance fraud. The first, Versloot Dredging BV v HDI‐Gerling Industries Versicherung (The DC Merwestone) , concerned the use of a fraudulent device being harnessed to support a legitimate claim which, in the view of the majority, was an area of insurance law in need of re‐evaluation. The second, Haywood v Zurich Insurance Co , concerned the use of fraud to increase the settlement paid by the insure…
Law (8 works) · Legal principles and applications (8 works) · Political science (8 works) · Business (6 works) · Duty (5 works) · Economics (5 works) · Finance (4 works) · Finance (4 works) · General insurance (4 works) · Insurance law (4 works)