Appeals

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Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
Practice notes
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,...
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9th Nov
Practice notes
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...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
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...
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9th Nov
Practice notes
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...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
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...
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9th Nov
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan
Practice notes
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...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...
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9th Nov
Practice notes
The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
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9th Nov
Practice notes
Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...
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9th Nov
Practice notes
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...
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Produced in partnership with Louise Thomson 12th Jan
Practice notes
The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
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9th Nov
Practice notes
The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...
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9th Nov

Most recent Appeals content

Q&As
Appeals in cases governed by the CPR are dealt with procedurally in CPR 52 and the various associated practice directions.CPR 52.4 provides that where...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Jan
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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18th Jan
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. NOTE: THIS PRACTICE NOTE IS FOR HISTORIC PURPOSES ONLY.Introduction—the nature...
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18th Jan
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. One of the difficulties for practitioners is keeping up to date with...
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18th Jan
Practice notes
What is judicial review?A claim for judicial review means a claim to review the lawfulness of an enactment or a decision, action or failure to act in...
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18th Jan
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by the coronavirus (COVID-19) pandemic....
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18th Jan
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
Read More >
18th Jan
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note summarises the key appeal cases (ie decisions of the Court of...
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18th Jan
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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18th Jan
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. NOTE: SAVE FOR WHERE THE APPEAL NOTICE WAS FILED OR PERMISSION TO APPEAL WAS...
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18th Jan
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
Read More >
18th Jan
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by the coronavirus (COVID-19) pandemic....
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18th Jan
Practice notes
Court of Appeal—professional negligenceARCHIVED: This Practice Note has been archived and is not maintained. The Court of Appeal has allowed an appeal...
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18th Jan
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. One of the difficulties for dispute resolution practitioners is keeping up to...
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18th Jan
Practice notes
NOTE: SAVE FOR WHERE THE APPEAL NOTICE WAS FILED OR PERMISSION TO APPEAL WAS OBTAINED BEFORE 1 OCTOBER 2012, THIS PRACTICE NOTE IS FOR HISTORIC...
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18th Jan
Practice notes
This Practice Note considers whether it is possible to recover the costs incurred during an appeal. The costs rules dealing with appeals are set out...
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18th Jan
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
Read More >
18th Jan
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
Read More >
18th Jan
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
Read More >
18th Jan
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
Read More >
18th Jan

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