Accident Definition

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Reviewing an environmental report—checklist

Reviewing an environmental report—checklist Who was the report commissioned for? Your client may not be entitled to rely on the report if it was not commissioned for them. Where the report was prepared for another person, check the terms and conditions of the report or the consultant's appointment to see whether there is an express term: • allowing third parties to rely on the report, or • requiring a collateral warranty or reliance letter to be issued in a pre-agreed form Where there is no express term or pre-agreed collateral warranty, consider seeking: • a bespoke collateral warranty to extend reliance to your client • an assignment of the report to your client • a reliance letter for your client • to have the report readdressed to your client, subject to clear terms and conditions • to rely on the Contracts (Rights of Third Parties) Act 1999, unless its application was excluded in the terms and conditions It is also important to establish who the report was commissioned for as...

Ireland—Reviewing an environmental report—checklist

Ireland—Reviewing an environmental report—checklist Who was the report commissioned for? Your client may not be entitled to rely on the report if it was not commissioned for them. Where the report was prepared for another person, check the terms and conditions of the report or the consultant's appointment to see whether there is an express term: • allowing third parties to rely on the report, or • requiring a collateral warranty or reliance letter to be issued in a pre-agreed form Where there is no express term or pre-agreed collateral warranty, consider seeking: • a bespoke collateral warranty to extend reliance to your client • an assignment of the report to your client • a reliance letter for your client, or • to have the report addressed to your client, subject to clear terms and conditions It is also important to establish who the report was commissioned for as this may determine the level of detail contained in the report. For example, if the report was commissioned for a seller,...

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Life of a health and safety case in Scotland—flowchart

Life of a health and safety case in Scotland—flowchart This Flowchart demonstrates how health and safety cases progress from investigation, to trial and to Fatal Accident Inquiries (FAIs) in Scotland. It should be read in conjunction with Practice Notes: • Fatal Accident

Checklist—road traffic accident defences

Checklist—road traffic accident defences Defence Principle Further reading Contributory negligence Where the defendant is primarily responsible for the accident, they may allege the other party was guilty of contributing to the accident. The issues to consider are:—which parties were at fault in the accident?—in what proportion should the damages be apportioned having regard to the respective responsibilities of those at fault? Practice Note: Contributory negligence in personal injury claims Contributory negligence for failure to wear a seat belt As a general principle:25% deduction to damages—if wearing a seat belt would have prevented the injuries sustained15% deduction to damages—if wearing a seat belt would have made a considerable difference to the injuries sustained0% deduction to damages—if wearing a seat belt would not have made any difference to the injuries sustained Practice Note: Defences in road traffic accidents Contributory negligence for failure to wear a motorcycle crash helmet Leading case law has suggested:15% deduction to damages—if wearing a helmet would have resulted in less severe injuries10% deduction to damages—where the claimant...

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Accidents involving motorcyclists, cyclists, emergency vehicles and learner drivers

NOTE: Major changes to the Highway Code came into force on 29 January 2022. The concept of a 'hierarchy of road users' was introduced to give vulnerable road users a greater degree of clarity over who has right of way at junctions. For further details, see News Analysis: A Highway Code for the future—visionary changes or increased risks? and The Highway Code—8 key changes from 29th January 2022.Aside from motor vehicles, there are many other types of users of the highway, including:•motorcyclists•cyclists•emergency vehicles•learner driversEach user of the highway is under a duty to take such care as is reasonable in the circumstances to ensure they do not injure their neighbour. Consideration of the leading cases for each category of road user, together with the Highway Code rules, provide practitioners with the approach taken by courts when assessing the relative culpability of the parties involved in road traffic accidents.MotorcyclistsMotorcycles can accelerate much faster than cars and they require a greater stopping distance. The combination of these two factors accounts for the...

Accidents arising from air travel

This Practice Note provides practical guidance on accidents arising from air travel. The provisions of the Montreal Convention 1999 are considered. Practitioners should note the two-year limitation period for accidents arising from travel by air.Assimilated law is the name given to retained EU law (REUL) which remains in force after the end of 2023. The re-categorisation of REUL (and associated terms) to assimilated law reflects a change in its status and treatment under UK law, in that it is generally to be interpreted according to ordinary domestic law and principles. From 1 January 2024, REUL is ‘assimilated’ into domestic law by virtue of the fact it is generally stripped of EU-derived interpretive effects (eg supremacy of EU law, directly effective rights and general principles previously retained under the European Union (Withdrawal) Act 2018 (EU(W)A 2018)). For more information, see Practice Note: Assimilated law.The ConventionsThere are two Conventions to consider governing the liability of air carriers for loss, injury and damage sustained in the course of, or arising out of, international...

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Records retention schedule

Records retention schedule 1 Introduction 1.1 This Record retention schedule accompanies and is incorporated into [insert organisation’s name]’s Records management policy. It sets out the time periods that different types of Business Records (as defined in the Records management policy) must be retained for business and legal purposes. [You do need not read the entire retention schedule, but rather should focus on the types of records relevant to your role.] 1.2 The retention periods in the schedule are based on business needs and legal requirements, including our obligation under data protection law not to keep personal data for longer than is necessary. Once a retention period has expired the data or record should be reviewed and destroyed if it is no longer needed. 1.3 If you maintain any types of records that are not listed in this schedule, and it is not clear from the existing record types in this schedule what retention period should apply, please contact [insert who, eg the Data Protection Officer]...

Claim against a driver for a collision caused by misleading signals

Claim against a driver for a collision caused by misleading signals IN THE COUNTY COURT AT [insert] Claim No: Parties 1 A B Claimant and 2 X Y Defendant _____________________________________________________________________________ PARTICULARS OF CLAIM _____________________________________________________________________________ 1 At all material times, the Claimant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. The Defendant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. 2 On [insert date], the Claimant was lawfully waiting at the intersection of [insert street name] and [insert street name, town, county]. The Claimant was stationary and preparing to turn left. As she waited, the Defendant’s vehicle approached from the Claimant’s right. The Defendant’s vehicle slowed and signalled to turn left into the Claimant’s street. In reliance on the Defendant’s signal, the Claimant commenced her left turn. The Defendant failed to turn left and proceeded across the junction, colliding with the Claimant’s vehicle. 3 The accident was caused...

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Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status.

Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status. Article 75 is an agreement between the Motor Insurers’ Bureau (the MIB) and its members under which the motor insurer will accept liability in certain cases where they would not be liable under the Road Traffic Act 1988 (RTA 1988) (as RTA insurer). An Article 75 insurer is the insurer who is providing cover against the compulsory risks set out in RTA 1988 and will remain the Article 75 insurer notwithstanding that—(i) the insurance was obtained by fraud, misrepresentation, mistake or non-disclosure of a material fact (even if a RTA 1988, s 152 declaration of entitlement to avoid liability under RTA 1988 has been obtained), and/or (ii) the cover has been...

What approach is taken by the Motor Insurer's Bureau in relation to limitation and the Uninsured Drivers' Agreement where the victim was a child at the time of the accident and is now an adult?

What approach is taken by the Motor Insurer's Bureau in relation to limitation and the Uninsured Drivers' Agreement where the victim was a child at the time of the accident and is now an adult? The most recent Uninsured Drivers' Agreement 2015 (the 2015 Agreement) came into force for accidents occurring on or after 1 August 2015. The earlier Uninsured Drivers' Agreement 1999 (the 1999 Agreement) applies to road traffic accidents which occurred between 1 October 1999 and 31 July 2015. Clause 3 of the 1999 Agreement provides that where: '(a) any act or thing is done to or by a solicitor or other person acting on behalf of a claimant, (b) any decision is made by or in respect of a solicitor or other person acting on behalf of a claimant, or (c) any sum is paid to a solicitor or other person acting on behalf of a claimant, then, whatever may be the age or other circumstances affecting the capacity of the claimant, that act, thing, decision or...

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PI & Clinical Negligence weekly highlights—19 June 2025

This week’s edition of PI & Clinical Negligence weekly highlights include the 184th Practice Direction update, clarifying court notification procedures for settlements and discontinuance. We consider a recent ruling on employer’s liability which offers guidance on interpreting ‘equipment’, resulting in claim dismissal. We also bring you some recent road traffic accident claims, including non-party liability in credit hire, and negligence in risk assessments in a catastrophic cycling accident. In addition, we have our usual round-up of other news, cases, webinars and New Law Journal articles of interest.

European Commission releases June 2025 infringement package

The European Commission has published the June 2025 infringement package, which sets out the EU Member States the Commission is taking action against for failing to comply with their obligations under EU law. The June 2025 infringement includes formal notice letters, reasoned opinions, and Court of Justice referrals issued to various Member States for non-compliance in relation to measures such as the transposition of directives on drinking water, waste management, air quality, public procurement, and other key areas.