The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
The general principles applicable in negligence claims cases as to existence and standard of the duty of care, breach, causation and loss, can be found in Practice Notes:
Negligence—key elements to establish a negligence claim
Negligence—when does a duty of care arise?
Negligence—banks and the duty of care
Negligence—when is the duty of care breached?
and in professional negligence claims, in Practice Notes:
Bringing a professional negligence claim based on the duty in contract, tort and equity
Standard of care in professional negligence claims
Causation and remoteness in professional negligence claims
While it is critical that each case is analysed on its own merits and its own unique set of factual and legal circumstances, it is of use to understand the operation of the key legal principles in their factual context. This Practice Note therefore includes some of the more illustrative decisions in the field of negligence and professional negligence claims. The decisions listed below are those dating from 1 January 2020 onwards (earlier key decisions are included elsewhere within the guidance in the above guidance). We do not include every decision but only those from which interesting points of illustration arise. The decisions listed below include full links to the judgment (and, where available, our News Analysis of the judgment).
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