The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering applicable law and rail accidents in Europe. For guidance, see Practice Note: Brexit—considerations for personal injury claims.
An undertaker who is operating a railway under statutory authority ('railway undertaker') has a common law duty of care to their passengers under the Occupiers' Liability Act 1957. This duty requires the railway undertaker, the occupier, to see that a visitor is reasonably safe using the premises for the purpose for which they were invited/permitted by the occupier to be there. See Practice Note: Occupiers' liability claims—lawful visitors.
In 1972, the House of Lords held a railway undertaker liable for a child who was electrocuted while trespassing on a railway line and this decision paved the way for The Occupiers' Liability Act 1984.
Under the 1984 Act, an occupier of premises (which would include a railway undertaker) owes a duty to another (not being its visitor) in respect of any danger due to the state of the premises, or due to things done or omitted to be done on them, if:
it is aware of the danger or has reasonable grounds to believe that it exists
it knows or has reasonable grounds to believe that the other is in the vicinity of the danger concerned, or
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Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will therefore often include in the contract an express right to make a payment in lieu of notice ('PILON') as an alternative to giving notice, to ensure
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
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