ADR

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Practice notes
Time limits under the Limitation Act 1980—personal injury claimsThe Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits...
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19th May
Practice notes
Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...
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19th May
Practice notes
Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
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19th May
Practice notes
What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...
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19th May
Practice notes
Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
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19th May
Practice notes
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 19th May
Practice notes
Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
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19th May
Practice notes
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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19th May
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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19th May
Practice notes
Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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Produced in partnership with Renée Wood 19th May
Practice notes
Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Loss of pension—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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19th May
Practice notes
Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
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19th May
Practice notes
Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
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19th May

Most recent ADR content

Q&As
Where parties live a significant distance from one another, are they still expected to engage in mediation and if so, how and where?Civil litigation...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 5th Jun
Q&As
In a consumer contract dispute, what status does an Ombudsman have in terms of alternative dispute resolution, particularly with regard any costs...
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5th Jun
Q&As
Is there any authority for a party suffering costs sanctions where they have mediated, but made no reasonable offer on a WPSATC?While the court cannot...
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5th Jun
Practice notes
ADR in the Court GuidesScope of this Practice NoteAs set out in Practice Note: Court guides and other guidance, the court guides seek to provide a...
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5th Jun
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...
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5th Jun
Practice notes
Alternative Dispute Resolution (ADR)—Jackson Reforms [Archived]Note: This Practice Note is of largely historical interest.In January 2010 Lord Justice...
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5th Jun
Practice notes
Court ADR schemesThis Practice Note considers the pressures on the court to encourage alternative dispute resolution (ADR) and provides detail of the...
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5th Jun
Practice notes
Expert determinationExpert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for...
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Produced in partnership with 4 Pump Court 5th Jun
Practice notes
Comparison of forms of ADR and litigationThis table shows the differences between litigation and the main different forms of alternative dispute...
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5th Jun
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...
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5th Jun
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...
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5th Jun
Practice notes
Early Neutral Evaluation (ENE)This Practice Note explains what early neutral evaluation (ENE) is. It provides guidance on the interpretation and...
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5th Jun
Practice notes
Brexit implementation period—settlement [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers...
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5th Jun
Practice notes
Mediation-arbitration (med-arb)—an introductionThis Practice Note considers the use of mediation-arbitration (med-arb) to resolve commercial...
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Produced in partnership with Philip Harris and Stuart Thwaites of Wright Hassall 5th Jun
Practice notes
ADR—pre-action and post-commencement of court proceedingsThis Practice Note considers the relationship between alternative dispute resolution (ADR)...
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5th Jun
Practice notes
Challenging an expert’s determination Expert determination is a form of alternative dispute resolution (ADR).This Practice Note provides guidance on...
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Produced in partnership with 4 Pump Court and Jill Headford of Tozers 5th Jun

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