Dental claims

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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
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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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
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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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
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 12th Jan
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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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
Precedents
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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9th Nov
Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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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
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

Most recent Dental claims content

Practice notes
NOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced that the discount rate would change...
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Produced in partnership with Mike Hill of Trinity Chambers 9th Apr
Practice notes
There are a number of commonly encountered liability disputes when dealing with dental claims. These include:•periodontal claims•cosmetic...
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Produced in partnership with Mike Hill of Trinity Chambers 9th Apr
Practice notes
Dental notesA common difficulty for lawyers dealing with dental negligence claims is the nomenclature in the notes. The format of notes has changed...
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Produced in partnership with Mike Hill of Trinity Chambers 9th Apr
Practice notes
The duty of careA medical practitioner owes a duty of care to their patient. This duty is to take reasonable care to:•take a proper...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 9th Apr
Precedents
ToDefendantDear [insert organisation name]Letter of NotificationRe: [Claimant’s Name, Address, DoB and NHS Number]We have been instructed to act on...
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24th Mar
Precedents
ToClaimantDear [insert organisation name]Letter of Response[Claimant’s name] v [Defendant’s Name]We have been instructed to act on behalf of...
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24th Mar
Practice notes
Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation...
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15th Mar
Practice notes
The right to obtain disclosureThe fundamental purpose of disclosure is to further the overriding objective by ensuring parties to litigation are on an...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 4th Mar
Practice notes
Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation...
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4th Mar
Precedents
Dear [insert expert’s name]Claimant’s name: [insert the Claimant’s name]Claimant’s address: [insert the Claimant’s address]Claimant’s date of birth:...
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Produced in partnership with Arti Shah 14th Feb
Precedents
Claim No: [insert number]In the High Court of JusticeQueen's Bench Division[District Registry]Parties[Mr AB]        Claimantand[CD NHS...
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Produced in partnership with Nageena Khalique QC of No 5 Chambers 14th Feb
Precedents
Dear [insert name]Case details:NameAddressDate of BirthDate of Alleged Negligent Treatment[I act for the claimant in relation to a claim for damages...
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Produced in partnership with Arti Shah 14th Feb
Precedents
Dear [insert name]Case details:NameAddressDate of BirthDate of Alleged Negligent Treatment[I act for the claimant in relation to a claim for damages...
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7th Dec

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