The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
The main aim of the Criminal Justice and Courts Act 2015 (CJCA 2015) is to make provision about how offenders are dealt with before and after conviction and to amend the offence of possession of extreme pornographic images. However, it also deals with proceedings and powers of courts and tribunal and judicial review.
The relevant sections of CJCA 2015 came into effect on 13 April 2015.
For practitioners working in the fields of personal injury and clinical negligence law, the significant parts of the Act are in Part 3 entitled ‘Courts and Tribunals’. The Act alters the common law position relating to dishonesty in civil claims. Courts already have power to strike out claims in their entirety for an abuse of process, but this power is to be exercised only in exceptional circumstances. Under the fundamental dishonesty provisions in CJCA 2015 courts are obliged to dismiss the claim for fundamental dishonesty (see below), subject to a substantial injustice exception. The court cannot find in favour of the claimant and reduce damages.
The sections of the Act relevant to personal injury claims are contained within Pt 3, ss 57–61. Other potentially relevant sections are section 63 (appeals in civil proceedings from the high court t
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Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden conduct needs to be proved. For example, an accused is guilty of dangerous driving if they drove a motor vehicle dangerously on a road or other public
This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan to value ratioIt explains:
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
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