Andrew Wilson

This Practice Note considers the court’s power to make a variable periodical payments order in cases where there is evidence that either the claimant’s condition deteriorates, they suffer a further disease or there is a significant improvement in their condition. A party must apply to the court to vary a periodical payments order. The Practice Note contains guidance on the format of a variable periodical payments order and the procedure for applying to court to vary it.

This Practice Note considers an employer’s vicarious liability for deliberate acts by an employee. Commonly encountered situations relating to sexual abuse, physical assault, incidents arising from friction in the workplace and horseplay/pranks that go wrong are all reviewed.

This Practice Notes considers the circumstances in which the court will hold an employer vicariously liable for a tort which has been committed by an employee. The courts’ approach to the ‘close connection’ test has evolved over time and this Practice Note provides practitioners with an understanding of how the doctrine has developed.

This is a precedent particulars of claim for a road traffic accident in the UK caused by a foreign registered driver.

This Precedent is for a claim by holiday makers who contracted food poisoning or a gastric illness during a package holiday sold on or after 1 July 2018. The claim is made under the Package Travel and Linked Travel Arrangements Regulations 2018 which governs package travel contracts booked from 1 July 2018, the Supply of Goods and Services Act 1982 and the Consumer Rights Act 2015.

This Q&A considers whether there are any pitfalls where a claimant wishes to pay for treatment funded under their private healthcare.

This Q&A considers whether compensation for a fatal injury can be added to a Personal Injury Trust to protect the recipient's current and/or future entitlement to means tested benefits.

This Q&A considers whether a claimant whose damages have been placed in a bare trust is permitted to instruct the trustees to make gifts out of the trust fund to third parties and if so, the possible consequences of doing so.

Mini-summary

This Q&A considers whether the cost of having someone accompany a widow on an activity holiday can be included in the claim if she is nervous about going on her own.

This Q&A considers the significance of the date of an accident on procedure under the Third Parties (Rights Against Insurers) Act 1930.

This Q&A considers the effect of no-deal Brexit on direct action against motor insurers.

This Q&A considers the Internal Regulations of the Council of Bureaux and how they will be impacted by Brexit.

This Q&A considers whether the fact that the claimant’s claim is dependent upon vicarious liability affect the rights provided by the Third Parties (Rights Against Insurers) Act 1930 or 2010.

This Q&A is directed towards the impact of new regulations, namely, the Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019, SI 2019/104, set to come into force on 1 November 2019.

This Q&A considers whether there is a specific application to be made which allows for the report of the deceased expert to be relied on in circumstances where an expert report has been obtained but the expert subsequently dies.