The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
This type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the defendant’s negligence. Medical evidence will determine the loss of life expectancy. The phrase ‘lost years’ refers to the period after death in which the claimant would have received earnings, pension or other financial benefit.
Where a living claimant’s expectation of life has been reduced due to the defendant’s negligence, the claimant is entitled to recover damages for their financial losses eg loss of earnings throughout both the period that they are likely to remain alive and also for the ‘lost years’ during which they would have lived but for their injuries. The damages are assessed after deducting the claimant’s own living expenses which they would have spent during the lost years.
The sum to be deducted as living expenses is the proportion of the claimant’s net earnings that they would have spent exclusively on themselves to maintain their standard of living. This usually means that if the claimant and their spouse live alone a 50% discount is appropriate but if there are children the division should be pro rata. However, this conventional 50% discount for living expenses can be displaced by evidence eg if there is a substantial element of saving.
It should be noted that claims for losses
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On 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise rules. Alongside the Rulebook, supervisory statements and statements
The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. Office-holders have various duties and powers in order to ensure that they do this. For
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
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