The following PI & Clinical Negligence practice note Produced in partnership with Louise Thomson provides comprehensive and up to date legal information covering:
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5 August 2019.
The claimant is expected to provide the defendant with a detailed breakdown of any past and future losses with supporting documentation. This enables a claim to be properly evaluated at an early stage, and an early valuation to be provided. Such documentation is helpful to both the solicitors and the claimant, as they can get a realistic view of what the claim is worth. From the defendant’s point of view, the breakdown is essential as it allows them to know the case that is being brought against them and, if appropriate, properly evaluate a claim.
The term 'special damage' is used to cover all items of loss that have an exact monetary value. Such pecuniary loss is then subdivided so that pre-trial losses and expenses can be put forward as past expenses and losses and post-trial losses and expenses can be put forward as future expenses and losses.
Where a claim is for personal injuries and the claimant has included a schedule of past and future expenses and losses, the defendant should include in or attach to their defence a counter schedule stating:
which of those items they:
neither agree or dispute but
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The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on
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