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.
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PI & Clinical Negligence analysis: The court conducted a forensic analysis of the application of limitation and vicarious liability for the actions of...
Dispute Resolution analysis: In a detailed assessment, the Senior Courts Costs Office reduced leading counsel’s brief fee from £110,000 to £27,500...
PI & Clinical Negligence: Though it has been said that vicarious liability is ‘on the move’, Chell v Tarmac Cement marks the common law drawing a...
Dispute Resolution analysis: This case will be of interest to practitioners on default judgments, in particular with respect to variation of a default...
IP analysis: On 24 February 2021, the High Court found that seven of the defendants’ Oh Polly dress designs infringed the unregistered design rights...
Pre-action protocols and additional claimsFor general information on the Practice Direction Pre-Action Conduct and Protocols, as well as the various...
Detailed assessment—the hearingCoronavirus (COVID–19): A detailed assessment hearing will be impacted and consideration needs to be given as to how to...
PI & Clinical Negligence horizon scanner—August 2021 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note...
PI & Clinical Negligence horizon scanner—December 2021This Practice Note is a summary of the key legal developments of relevance to personal injury...
PI & Clinical Negligence Horizon Scanner—October 2021 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice...
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 Commercial Property Standard Enquiries (CPSEs) are a suite of industry-standard pre-contract enquiries for commercial property transactions prepared by the London Property Support Lawyers Group and endorsed by the British Property Federation, comprising enquiries before contract for common transactions and requisitions on title (known as Solicitor’s Completion Requirements or SCR).
Person X directly discriminates against person Y where X treats Y less favourably than X treats or would treat others, and X does so because of a protected characteristic (sex, race, disability, sexual orientation, religion or belief, age, gender reassignment, marriage or civil partnership).
A compelled interview of a person in accordance with an investigative power under section 2 of the Criminal Justice Act 1987, which is conferred on the Serious Fraud Office (SFO) to investigate any suspected offence involving serious or complex fraud.
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