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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 costs reforms following the removal of a

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public

Practice notes

Motor insurance

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

26th Oct

Practice notes

Vicarious liability in the course of employment—the close connection test

To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...

Produced in partnership with Andrew Wilson 23rd Oct

Practice notes

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

9th Oct

Practice notes

Smith v Manchester awards

The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...

2nd Oct

Practice notes

Personal injury experts

Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...

Produced in partnership with Ian Huckstepp of IRH Solicitors 1st Oct

Practice notes

Psychiatric injury—secondary victims

What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

26th Sep

Practice notes

Collateral benefits and double recovery

General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...

26th Sep

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...

26th Sep

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...

26th Sep

Practice notes

Provisional damages

Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...

26th Sep

Practice notes

Was the damage foreseeable?

The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...

26th Sep

Practice notes

What is fundamental dishonesty?

This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...

26th Sep

Practice notes

Fraud, exaggeration and LVIs in personal injury claims

DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...

25th Sep

Practice notes

Catastrophic injury claims—heads of claim

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...

25th Sep

Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

25th Sep

Practice notes

Low Velocity Impact RTAs—in detail

IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...

25th Sep

Most recent ADR content

Practice notes

Expert determination

Expert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract...

25th Sep

Practice notes

Model ADR clauses

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering the use of ADR as it may...

25th Sep

Practice notes

Executive tribunal or 'mini-trial'

Features of an executive tribunal or 'mini-trial'The executive tribunal (sometimes also called a mini-trial or supervised settlement procedure):•a...

25th Sep

Practice notes

ADR—pre-action and post-commencement of court proceedings

This Practice Note considers the relationship between alternative dispute resolution (ADR) and the civil procedure rules (CPR), both pre-action and...

25th Sep

Practice notes

Challenging an expert’s determination

Expert determination is a form of alternative dispute resolution (ADR).This Practice Note provides guidance on when an expert’s determination may be...

25th Sep

Practice notes

Early Neutral Evaluation (ENE)

This Practice Note explains what early neutral evaluation (ENE) is. It provides guidance on the interpretation and application of the relevant...

25th Sep

Practice notes

Dispute resolution clauses—initial considerations

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners when dealing with cross border...

25th Sep

Practice notes

Comparison of forms of ADR and litigation

This table shows the differences between litigation and the main different forms of alternative dispute resolution (ADR).Type of...

25th Sep

Practice notes

Types of dispute resolution clauses—ADR, multi-tier, hybrid and carve-out clauses

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering cross border issues...

25th Sep

Practice notes

ADR for Consumer Disputes (Competent Authorities) Regulations 2015

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering settlement to determine a...

25th Sep

Practice notes

Types of dispute resolution clauses—litigation

There are an array of different types of dispute resolution clauses, providing for various mechanisms by which parties' disputes can be resolved. A...

25th Sep

Practice notes

Drafting the ADR clause

Increasingly over the past decade, commercial contracts contain a provision stating that should a dispute arise out of the contract, the parties will...

25th Sep

Practice notes

Introduction to adjudication clauses

There are an array of different types of dispute resolution clauses, providing for various mechanisms by which parties' disputes can be...

25th Sep

Practice notes

Which form of ADR?

This Practice Note may be read in conjunction with Practice Note: Comparison of forms of ADR and litigation which summarises, in tabular format, the...

26th Sep

Precedents

Expert determination clause

1 Expert determination 1.1 Any dispute arising out of or in connection with this Agreement [or any aspect of the...

26th Sep

Precedents

Early neutral third party evaluation clause

...

26th Sep

Precedents

Conciliation clause

1 ...

26th Sep

Practice notes

Brexit implementation period—settlement

This Practice Note considers the rules settlement as they will apply between the UK’s departure from the EU on 31 January 2020 and the end of the...

26th Sep

Brexit

Practice notes

Court ADR schemes

This Practice Note considers the pressures on the court to encourage alternative dispute resolution (ADR) and provides detail of the Small Claims...

26th Sep

Practice notes

What is ADR?

Definition of ADRADR is described in the Glossary of the CPR as ‘a collective description of methods of resolving disputes otherwise than through the...

26th Sep