The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
There are a number of circumstances in which the common law offers no remedy but a claim under the Human Rights Act 1998 (HRA 1998) may still be possible, or where HRA 1998 adds to the available remedies for a claimant.
It should be noted that where HRA 1998 does provide an additional remedy, the damages recovered are not set off against those obtained from a common law claim or vice versa. The position is the same where the claimant recovering damages in an HRA 1998 claim has also recovered compensation from the Criminal Injuries Compensation Authority (CICA).
However, for guidance on the potential implications where there may be some overlap in the harm being compensated in a civil claim, a CICA claim and a HRA 1998 claim, see Practice Note: Personal injury claims under the Human Rights Act 1998—Deduction of damages from common law or CICA claims?
See generally Practice Note: Personal injury claims under the Human Rights Act 1998.
Examples of where HRA 1998 has been applied in the personal injury or clinical negligence context include the following:
Article 2 of the ECHR requires the State not only to refrain from taking life intentionally but also to take appropriate steps to safeguard life. These obligations on the State arise in a number of contexts including claims against
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Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
Part 8 of the Corporation Tax Act 2009 (CTA 2009) is a specific corporation tax regime that applies exclusively to the gains and losses of intangible fixed assets. Note, however, that certain intangible fixed assets are excluded from the regime, see Practice Note: Excluded intangible fixed
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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