Andrew Wilson

This Practice Note gives general background on interim payments and considers entitlement in personal injury claims. It outlines the conditions for interim payments, one of which must be present before a court can make an order for an interim payment.

This Practice Note identifies the main jurisdictional regimes which determine whether a claim can be brought in the courts of England and Wales including the Civil Jurisdiction and Judgments Act 1982 and English common law. An accident abroad will often have occurred during a package holiday which is regulated by the Package Travel and Linked Travel Arrangements Regulations 2018. Outside these regulations, the question of jurisdiction is more complicated. At common law, the jurisdiction of the court is based on the ability of the claimant to serve the proceedings either in the jurisdiction or outside the jurisdiction.

This Practice Note covers Low Velocity Impact RTAs including factors taken into account by insurers, relevant case law and development of a standard procedure for dealing with these types of claims.

This Practice Note outlines the nature of vicarious liability cases and in particular the relationship between employer and tortfeasor. Cases where the cause of the incident is the fault of either the employee or the employer are reviewed. Guidance on vicarious liability claims arising out of negligence or breach of statutory duty including the Protection from Harassment Act 1997 are also considered.

This Practice Note is intended to deal with the legal principles which apply to claims of occupational cancer, focusing particularly on the issue of causation and the criteria the court will adopt in determining whether the claimant has discharged the burden of proof.

This Practice Note deals with the liability issues which arise when premises are left in a dangerous state by independent contractors, builders and landlords. If an occupier employs an independent contractor, the occupier will not be liable if it can show that it acted reasonably in entrusting the work to an independent contractor and it had taken such steps (if any) as it reasonably ought to satisfy itself that the independent contractor was competent and the work had been properly done. Building contractors and subcontractors can be held liable if it can be shown that they had sufficient control over the premises to be an occupier and any faulty construction, maintenance or repair works they have undertaken on the premises caused the claimant’s accident. A landlord is not an occupier if they give the tenant control of the property. However, even where a landlord has given up effective control of the premises, it will usually retain control of any common parts (eg hallways, lifts etc in a building or flats) and will therefore be an occupier in respect of those.

This Practice Note considers the duty of care which is owed by occupiers to lawful visitors under the Occupiers’ Liability Act 1957 to take reasonable care to ensure that lawful visitors will be reasonably safe when using the premises. It also looks at the control test to determine who is an occupier and the degree of care expected of children and skilled visitors.

Archived: This Practice Note has been archived and is not maintained. This Practice Note sets out the pre–6 April 2015 CPR 36 provisions.

This Practice Note provides guidance on the CPR 36 provisions and specifically considers the personal injury sections.

This Practice Note considers the background and framework of periodical payment orders, when and why a periodical payment order might be made by the court and the factors a court will take into account.

This Practice Note deals with what constitutes ‘premises’, when a potential claimant will be a ‘lawful visitor’ and rules relating to parkland and the countryside. Premises can be land or buildings as well as any fixed or moveable structure and can cover everything from shops, offices, public buildings, aircraft and houses. There are three types of lawful visitor: those with express permission, eg a person you invite into your house, those with implied permission, eg a person entering a shop and those with a right to enter, eg a police officer.

This Practice Note outlines how to apply to the court for provisional damages and the requirement that a request for provisional damages must be formally pleaded in the particulars of claim. The Practice Note then considers the provisions of an order and the procedure for extending the time limit or applying for further damages.

This Practice Note deals with the statutory framework and purpose of provisional damages awards. A provisional damages award will be ordered where there is a chance that, at some definite or indefinite time in the future, the claimant will develop a serious disease or suffer some serious deterioration in their physical or mental condition. The Practice Note considers the criteria test for chance and serious deterioration and outlines the relevant time frames for provisional damages awards.

This Practice Note reviews the case law in relation to secondary victim claims, considering firstly the position following the case of Alcock v Chief Constable of Yorkshire Police prior to the Supreme Court judgment in the case of Paul v Royal Wolverhampton NHS Trust and secondly, the position following judgment in the latter case. Paul has clarified and extended the law, making a number of changes to the requirements for a claim to be brought by a secondary victim. This note therefore considers the criteria which secondary victims must satisfy to successfully obtain damages following an accident involving the primary victim. In addition, the Practice Note also provides a list of practical considerations to assist a practitioner in assessing the likelihood of success when bringing or defending a claim on behalf of/against a secondary victim.

This Practice Note deals with the requirements for a periodical payments order: security, form of the order, and indexation. When considering whether to give an intention to the parties as to the appropriateness of a lump sum order or a periodical payments order or when considering whether to make a periodical payments order, the court will assess what best suits the claimant’s needs. CPR 41 lists the factors which should be taken into account. Before making a periodical payments order the court must be satisfied that the continuity of payments is reasonably secure.

This Practice Note covers the legal framework and the procedure by which a claim is made by the victim of a road traffic accident which occurs in the UK but is caused by the driver of a foreign registered vehicle. It considers the changes introduced following the end of the Brexit transition or implementation period on 1 January 2021 including in relation to jurisdiction, service and the appointment of a claims correspondent in the UK.

This Practice Note identifies the regulations and general principles that apply to road traffic accidents which have occurred in the European Union. Following IP completion day, a claimant pursuing a claim will be confronted by a number of issues.

This Practice Note provides a guide to the main issues and challenges facing the practitioner when dealing with a claim arising from a road accident which occurred in the European Union. It is important for the practitioner to have an understanding of the changes to the relevant regulatory regimes brought about by the UK’s withdrawal from the EU and the impact on issues of jurisdiction and the applicable law.

This Practice Note looks at the different types of relationships which may give rise to vicarious liability including between an employer and employee but also other relationships which are similar to employment. An employer’s potential liability is also explored in relation to incidents which occur outside working hours such as at social events and where an employee physically assaults another person.

This Practice Note deals with unauthorised visitors and the duty of care an occupier owes to them under the Occupiers' Liability Act 1984. The Practice Note considers the definition of an ‘unauthorised visitor’ and the scope of an occupier’s duties towards them.