It is not uncommon for certain parties especially those engaged in the insurance industry or with the provision of professional advice on financial matters to seek to limit their liability by stating that this would only arise where the loss is primarily attributable to gross negligence and/or wilful misconduct.

i. What is gross negligence?

ii. Are negligence and gross negligence different types of negligence?

iii. How have the courts interpreted and applied gross negligence at common law?