The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
Most road traffic cases turn on their particular facts.
There are few hard and fast rules. However, a body of case law has evolved over the past century that provides helpful guidance in a number of familiar situations. The decisions on the facts of particular cases should not be mistaken for principles of law. However, previous decisions often give a helpful indication of how the issue of liability is likely to be resolved.
Rules 184–190 of the Highway Code set out what motorists should do when approaching, and while on a roundabout, motorists should give way to traffic approaching from the right unless directed otherwise, eg by traffic lights. They should also adjust their speed and position to fit in with traffic conditions. Rule 186 of the Highway Code gives guidance for correct signalling but motorist should be aware that road users already on a roundabout may not be signalling correctly or at all.
Common types of accidents at roundabouts are caused by:
a failure to wait for a clear space before entering the roundabout
incorrect use of the lanes while on the roundabout
sudden and unexpected braking
When moving between lanes on a roundabout, drivers need to be conscious of the other vehicles around them. While being in the wrong lane on a roundabout is not conclusive evidence that the driver was negligent, the court will require
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
Dividends involve a distribution of cash or a distribution of non-cash assets (known as a distribution in kind or a distribution in specie).A scrip dividend (in a tax context, sometimes referred to as a stock dividend) allows a shareholder to receive new shares in a company as an alternative to a
This Practice Note provides a high-level introduction to diversity and inclusion (D&I) and key reasons why it is important to law firms. Specific aspects of D&I are covered in more detail in Practice Notes:•The growing focus on diversity and inclusion (D&I) in law firms•Unconscious bias—law
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