The following PI & Clinical Negligence practice note Produced in partnership with Andrew Wilson 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 road traffic accident claims in the EU. For guidance, see Practice Note: Brexit—considerations for personal injury claims.
The purpose of these Practice Notes is to provide a guide to the main issues and challenges facing the practitioner when dealing with a claim arising from a road accident which occurred in the European Union. Claimant practitioners are often approached by potential clients who have had accidents resulting in personal injuries while travelling on the roads of the European Union. Typically, though not without exception, the client will have been a passenger travelling in a car driven by a family member or friend.
jurisdiction—whether the courts of England and Wales have jurisdiction over the claim; and if so
applicable law—the laws of which country are to be applied to the various issues arising
This first Practice Note sets out, in general terms, the principles applied to determination of these fundamental issues in European accident cases, while the second Practice Note: Applicable law for road accidents claims in the EU focuses on the application of rules more specific to road accident cases.
As will be set out below, the first step to addressing both questions is the identification of the correct defendant. Often, this will seem a straightforward matter,
**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
This Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow account. It looks at the benefits of paying funds into escrow, how an escrow account operates and the provisions typically found in an escrow
This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.