Damages

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Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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26th Oct
Practice notes
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...
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Produced in partnership with Andrew Wilson 23rd Oct
Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Oct
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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2nd Oct
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 1st Oct
Practice notes
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...
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26th Sep
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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26th Sep
Practice notes
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...
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26th Sep
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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26th Sep
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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26th Sep
Practice notes
The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
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26th Sep
Practice notes
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...
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26th Sep
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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25th Sep
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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25th Sep
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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25th Sep
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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25th Sep

Most recent Damages content

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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25th Sep
Practice notes
General damagesGeneral damages comprise those heads of loss that are non-pecuniary and are not capable of precise calculation.The most common and...
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25th Sep
Practice notes
Remoteness and foreseeabilityIf an injury was in fact caused by an act of clinical negligence, that does not mean the courts will award damages to the...
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26th Sep
Precedents
CLAIM No.___________IN THE HIGH COURT OF JUSTICEQUEEN’S BENCH DIVISIONParties1X Y(by her litigation friend A C)Claimantand2R BFirst Defendantand3C...
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26th Sep
Practice notes
NOTE: The 8th edition of the Ogden Tables was published on 17 July 2020 and contains revised actuarial tables which can be accessed here.NOTE: On 15...
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26th Sep
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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26th Sep
Practice notes
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...
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26th Sep
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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26th Sep
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 28th Sep
Q&As
The Law Reform (Contributory Negligence) Act 1945 applies to clinical negligence cases in the same way that it does to other litigation. If a claimant...
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Produced in partnership with James Tunley of Lamb Chambers 28th Sep
Precedents
[date]Claimant’s date of birth[date]Accident[date][Important medical milestones, such as discharge from hospital or surgery][date][if appropriate,...
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30th Sep
Practice notes
Elements of a fatal accident claimThere are two different elements to a fatal accident claim:•the Law Reform (Miscellaneous Provisions) Act 1934...
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1st Oct
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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2nd Oct
Practice notes
The recovery systemA claimant will often receive state benefits as a result of an accident, injury or disease. The Department for Work and Pensions...
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9th Oct
Practice notes
DamagesGeneral damagesGeneral damages are awarded for pain, suffering and loss of amenity. They will be quantified with reference to the medical...
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Produced in partnership with Caroline Klage Bolt Burdon Kemp 9th Oct
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 Caroline Klage Bolt Burdon Kemp 13th Oct
Precedents
[In the High Court of JusticeORIn the COUNTY COURT AT [insert]][[Specify division]][[Specify Specialist court]][[Insert location] District...
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19th Oct
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 Oct

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