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).
LexisPSL Personal Injury also comes with other time-saving tools, like medical drawings and dictionaries to keep you on the right track. And news alerts from senior PI experts, sharing their personal wisdom and practical tips (not just the bare transcript). So you can find everything you need in one place, with less research time. And take on new work, in new areas, with real confidence.
PI & Clinical Negligence analysis: The law on vicarious liability is currently in a state of flux, particularly in cases involving sexual abuse. In...
Dispute Resolution analysis: A range of claims based on dishonesty and deliberate breach of duty have been struck out on the basis that they fell...
This week’s edition of PI & Clinical Negligence weekly highlights includes analysis of a High Court ruling on submitting a civil stress claim after an...
Commercial analysis: This case concerned the sale of two types of Chinese-manufactured facemasks by a Belgian defendant to a UK-based claimant. The...
Local Government analysis: When complaints are made to the General Medical Council (GMC), case examiners will determine whether there is any real...
Establishing liability under the Fatal Accidents Act 1976A limited class of people who were dependent in some way on the deceased (ie dependants) are...
Resolving disputes concerning settlement agreementsDefining termsThe paying or delivering party under a settlement agreement is referred in this...
Adjourning interim hearingsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending...
Service of the claim form by a contractually agreed method (CPR 6.11)This Practice Note considers service of the claim form where there is an agreed...
When the claim form is valid for service (CPR 7.5)This Practice Note considers the question when do I need to serve the claim form?. The time limits...
Witness statement in support of application for an extension of time for filing the defenceFiled on behalf of the defendantWitness statement of...
Defence and counterclaim (civil claim generic)Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND...
Defence (civil claim generic)Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN...
Witness statement in support of the defendant’s application for permission to make an additional claim against a co-defendantFiled on behalf of the...
Witness statement in support of the defendant’s application for permission to make an additional claim against a third partyFiled on behalf of the...
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...
Pain, suffering and loss of amenityValuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of...
Past loss of earningsCommon issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For...
Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...
Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
The court’s power to extend the time limit—section 33 of the Limitation Act 1980The Limitation Act 1980 is referred to as LA 1980.The power to...
Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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...
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
Proceedings governed by CPR Part 55 to recover possession of a property let on an assured shorthold tenancy where possession only is sought (ie no other claim, such as for unpaid rent is made). The proceedings are usually dealt with on paper, without the need for a hearing.
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).
Harassment is subjecting someone to unwanted conduct which is either related to a relevant protected characteristics (race, sex etc), or is of a sexual nature, where the conduct has the purpose or effect of violating the victim's dignity or creating an environment that is intimidating, hostile, degrading, humiliating or offensive.
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