The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:
A road user owes a duty to take reasonable care to avoid doing or omitting to do anything that they can reasonably foresee would cause injury to others. For further guidance on the duty of care owed by road users, see: Road traffic accident claims—overview and Practice Note: Duties of the road user.
In certain situations an employer, may be held to be vicariously liable for the negligence of a driver. If the driver was not an employee of the defendant, a potential claimant will need to consider the relationship between the driver and the defendant and the connection between that relationship and the driver’s negligence.
The case of Fletcher v Chancery Lane Supplies demonstrates that the approach taken in Mohamud v WM Morrison Supermarkets plc is applicable to road traffic accidents. The Court of Appeal, applying the two-stage test set out in Mohamud did not find that the defendant was liable for the negligence of their employee who stepped into a cyclist’s path. It is interesting to note that the claimant’s case largely failed on evide
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
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
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.