The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
Practitioners should note that in relation to claims against employers, on 1 October 2013, s 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) rewrote s 47 of the Health and Safety at Work etc Act 1974 (HSWA 1974). In relation to accidents occurring at work from 1 October 2013, civil liability will no longer arise from a breach of statutory duty unless the relevant regulation provides for it. For further guidance see Practice Note: Section 69 of the Enterprise and Regulatory Reform Act 2013.
Sometimes the legislation will make it plain that failure to fulfil the relevant duty (effectively or at all) is intended to create a right of action (ie to entitle claimants to sue for breach of statutory duty). Where the legislation itself expressly (a) creates a right of action, or (b) modifies existing common law duties, then the position should be relatively straightforward.
The best known example for the purposes of personal injury lawyers is the right to sue if a claimant is injured because of the local authority’s failure to perform its statutory duty to maintain the highway (for more information, see Practice Note: Accidents on the highway—duty to maintain).
The Occupiers’ Liability Act 1957 is another example commonly
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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
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
IntroductionShari'ah (also Sharia, Shariah or Shari’a) (literally, in Arabic, 'the path towards the watering place') or Islamic law is the legal system of the religion of Islam that sets out a system of duties or code of conduct for individuals to follow so that they may live their life in a
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