Key practice note looking at the courts’ approach when deciding whether a duty of care is owed by the defendant including in claims involving novel situations, psychiatric injury, omissions and claims involving public authorities.
This content deals with the duty of care owed by road users to others in road traffic accidents including car drivers or motorists, passengers, pedestrians and cyclists and the standard of care. Includes practice notes on duties of the road user, proving negligence in road traffic claims, defences in road traffic accidents and more.
Provides information on which court to issue your claim in, depending on the value of the claim and other factors. It also looks at what type of claims the specialist courts deal with and provides information on any guidelines that need to be adhered to when commencing proceedings in those courts, including electronic working.
LexisPSL Personal Injury is the only place where you can find all the latest practice notes, legislation, commentary, forms and precedents you need together online. Liability, quantum and procedure, all in one package.
Our clear, concise practice notes give you a succinct overview of each legal area – with direct links for deeper research to Butterworths Personal Injury and Litigation Service, All England Law Reports, Munkman on Damages and Binghams & Berrymans Personal Injury and Motor Claims Cases. We have thousands of quantum cases in one easy-to-search database, with new cases added every week. Plus 20 quantum calculators that can run highly complex calculations for you in minutes (not hours).
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This week’s edition of PI & Clinical Negligence weekly highlights includes analysis of a Court of Appeal judgment on secondary victim psychiatric...
Dispute Resolution analysis: The court was asked to consider the circumstances in which a solicitor could rely on privileged material and instructions...
Pensions analysis: This decision will be of particular interest to company lawyers as it is a relatively rare decision of the Court of Appeal...
Dispute Resolution analysis: Having made declarations that the defendant NHS Trust had breached the claimant’s human rights under Articles 2, 3 and 8...
PI & Clinical Negligence analysis: In Paul v Royal Wolverhampton NHS Trust and others, the Court of Appeal held that secondary victims can only claim...
UK GDPR and EU GDPR—transfers of personal data internationally and to international organisationsThis Practice Note introduces the general prohibition...
Introduction to the EU GDPR and UK GDPRThis Practice Note provides a high-level introduction to the EU’s General Data Protection Regulation,...
Psychiatric injury—secondary victims—case trackerA secondary victim is someone who has suffered psychiatric injury not by being directly involved in...
Key PI & Clinical Negligence cases—December 2021 onwardsThis Practice Note tracks cases of relevance to PI & Clinical Negligence practitioners. It is...
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
Defendant’s response to a letter of claim[ON YOUR FIRM’S LETTERHEAD][Insert name and address of the claimant’s solicitors, including any reference...
Witness statement in support of application for an extension of time for filing the defenceFiled on behalf of the defendantWitness statement of...
Drafting note for application notice by a defendant for permission to make an additional claim against a co—defendant—Commercial CourtIntroductionThis...
Drafting note for application notice to extend time for filing the defence—Commercial CourtIntroductionThe application in the Commercial Court is made...
Letter informing the court of parties’ agreement to extend time for filing the defence[Insert name and/or position of individual at the relevant...
Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
MedcoSTOP PRESS: A new RTA small claims protocol for whiplash claims comes into effect for accidents occurring on or after 31 May 2021. The small...
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
Occupiers’ liability claims—lawful visitorsBackgroundThe Occupiers’ Liability Act 1957 (OLA 1957) was enacted to provide for a ‘common duty of care’...
Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson...
Past loss of earningsCommon issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For...
Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
Common recoverable losses in personal injury casesGeneral damagesPain, suffering and loss of amenityThe court will make a monetary award to reflect...
Cost of care—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...
Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015NOTE: This Practice Note deals with the MIB Uninsured...
Road traffic claims—other heads of lossHeads of loss associated with a road traffic accident claimWhen considering potential losses in a claim arising...
Defence of driver whose passenger knowingly travelled in the vehicle when the driver was under the influence of alcohol or drugsDefence for a...
Claimant’s Part 36 offer—liability onlyDear [insert organisation name]This is a claimant’s offer, made pursuant to CPR Part 36. If the offer is...
The concept of market abuse typically consists of insider dealing, unlawful disclosure of inside information, and market manipulation of the financial markets which could arise from distributing false information, distorting prices or improper use of insider information. Market abuse behavior is unlawful and prohibited.
An individual or organisation (eg a company or partnership) that borrows money from a lender (eg a bank) to finance the purchase of a property - eg an individual buying a house using a mortgage is a mortgagor. The legal or equitable title to the property (depending on the specific asset) is transferred to the lender as collateral for the loan (or mortgage).
Wills made as a result of an agreement between the parties to create irrevocable interests in favour of ascertainable beneficiaries.
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