This Practice Note considers the timing and procedure for applying for an interim payment, the court’s approach to determining the amount of an interim payment and the impact on the final award. Finally the impact of a counterclaim or defence on an interim payment application is considered together with an analysis of the relationship between interim payments and summary judgments and periodical payments orders.
This Practice Note considers two issues which are commonly encountered when dealing with a claimant who has been severely injured. Firstly, where there is a need for new or specially adapted accommodation. Secondly, the issue of a claimant’s mental capacity and whether they need help to deal with their finances following settlement of their claim.
This Practice Note provides practical guidance on conducting a claim on behalf of a claimant who has been severely injured. Commonly encountered issues including the instruction of appropriate counsel, applications for interim payments, the instruction of medical and non-medical experts and strategic decisions in relation to Part 36 offers are all considered.
This Practice Note outlines the key evidence which needs to be collated on behalf of a claimant who has been severely injured in an accident. The detailed witness statements which are required from the claimant, their family and work colleagues are considered together with the documentary evidence to substantiate their special damages claim.
This Practice Note considers the main heads of loss which are commonly encountered when handling a claim on behalf of a severely injured claimant. Often the majority of damages consist of the claimant’s future losses (earnings, pension, care and accommodation). In these types of cases the accident has significantly altered the claimant’s ability to provide for and look after themselves in the future..
This Practice Note covers key issues which need to be considered when dealing with a catastrophic or severe injury claim. Preliminary issues including assessment of the limitation period and funding for the claim are reviewed. In addition practical guidance is provided on the importance of rehabilitation and the impact of the multi-track code on cases of this type.
This Practice Note considers the circumstances in which it may be appropriate for a claimant to include a claim for loss of their state pension when bringing a personal injury claim.
This Practice Note considers the main heads of claim and loss in a fatality case. The damages which can be awarded to the estate under the Law reform (Miscellaneous Provisions) Act 1934 are reviewed together with the heads of claim for dependants of the deceased claiming under the Fatal Accidents Act 1976.
This Practice Note provides an introduction to the complex subject of credit hire claims, setting out the main principles and key cases in this highly litigated area of personal injury work. The four most common areas of dispute in a credit hire claim namely; need/type, period, rate and impecuniosity of the hirer are reviewed and practical guidance provided on dealing with credit hire claims.
This Practice Note reviews the liability issues which arise in credit hire claims. Commonly encountered issues include disputes over the enforceability of the hire contract and the claimant’s failure to prove a need for a replacement vehicle. These issues are reviewed as well as the impact of qualified one way costs shifting (QOCS) on credit hire cases.
This Practice Note considers the issues which commonly arise when assessing quantum valuations of credit hire claims. The type of replacement vehicle and rate and period of hire are considered in detail together with an overview of the judicial approach to assessing whether a claimant is impecunious.
This Practice Note deals with the defences available in occupier’s liability (OL) claims. The defences which are covered include contributory negligence under the Law Reform (Contributory Negligence) Act 1945, consent (ie voluntary risks taken), illegality, warnings given by occupiers, exclusions under the Occupiers Liability Act 1957 subject to the Unfair Contract Terms Act 1977, and delegation to a competent independent contractor.
This Practice Note focuses on the current availability of schemes which stand outside common law remedies for diseases.
This Practice Note focuses on the remedies available to a party when the other party is proved to have been dishonest or fraudulent. Accordingly, it sets out the orders and penalties which may be available to the courts when a finding of dishonesty or fraud is made. The remedies include striking out the claim, committal proceedings for contempt of court, exemplary damages, costs and the loss of qualified one way costs shifting (QOCS). The Practice Note also looks at the duties and responsibilities of parties and their legal advisers.
This Practice Note provides a broad overview of the circumstances in which it may be alleged that the claim is fraudulent or tainted by fraud. It covers the situation where although there was a genuine injury caused by the accident, the claimant is exaggerating the injury or losses suffered or the collision, which gave rise to the claim, involved such a low velocity impact that it could not have generated sufficient forces to have caused injury. This Practice Note also includes definitions of fraud and malingering, the main types of fraudulent road traffic accident claims and credit hire fraud and practical guidance on how to deal with claims which may involve fraud.
This Precedent is for a claim against a package holiday company for food poisoning incurred while abroad under the Package Travel, Package Holidays and Package Tours Regulations 1992 and the Consumer Rights Act 2015.
This Precedent is for a claim under the Package Travel, Package Holidays and Package Tours Regulations 1992 and the Consumer Rights Act 2015 by a holiday maker for food poisoning.
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