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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
The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
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19th May
Practice notes
Future loss of earnings—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...
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19th May
Practice notes
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...
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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
Practice notes
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Applying for an interim payment order in personal injury claimsTiming and procedureA claimant can apply for an interim payment order after the end of...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial...
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19th May
Practice notes
Military claimsBackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown...
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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
Practice notes
Fixed costs in road traffic accident claimsPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to...
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19th May

Most recent Compliance and relief from sanctions content

Q&As
Coronavirus (Covid-19)—What happens in situations where an application needs to be heard before a certain date? Would the court be willing to provide...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 11th Jun
Practice notes
Litigants in person—case management and relief from sanctionsThis Practice Note provides guidance on the interpretation and application of the...
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Produced in partnership with Phil Roberts of Clarke Willmott 8th Jun
Practice notes
Extension of timeThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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7th Jun
Q&As
In Part 8 proceedings where form N119 was not enclosed can this now be included after the court has issued directions and fixed a hearing date?This...
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Produced in partnership with Kate Andrews of Hamlins 7th Jun
Practice notes
Agreements to extend time—buffer agreementsThis Practice Note should be read in conjunction with Practice Notes: Extension of time, Making an...
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7th Jun
Q&As
Is it possible for a court to grant relief to restore a case after the deadline has passed for restoration?CPR 3.9 states:'(1) On an application for...
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6th Jun
Q&As
What are the consequences of non-compliance with a court order? In particular, what are the consequences of breaching a court order in the context of...
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6th Jun
Q&As
Where the County Court has struck out a claim, what is the time limit for the claimant to apply to have the claim reinstated?It is assumed that in...
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6th Jun
Q&As
When an extension of time to file a witness statement has been agreed, can the other party get a further extension of time?CPR 3.8(4) provides:‘In the...
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5th Jun
Q&As
Where an accident was recorded on CCTV, viewed by the defendant's employees and then deleted, how do I ensure that the defendant is sanctioned for...
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5th Jun
Q&As
How can I enforce an order for pre-action disclosure and costs?Firstly, it would be prudent to look at the terms of the pre-action disclosure order to...
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5th Jun
Q&As
What is the time limit for applying for relief to reinstate a claim which has been automatically struck out under CPR 3.7A1 for non-payment of the...
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Produced in partnership with Mark West of Lamb Chambers 5th Jun

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