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Practice notes
Credit hire—an introductionReplacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...
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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
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
CRU certificates—recoverable benefits and lump sum paymentsSeparate legislation covers the recovery of NHS charges. For guidance on requesting and...
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19th May
Practice notes
Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
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19th May
Practice notes
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 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
Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015NOTE: This Practice Note deals with the MIB Uninsured...
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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
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

Most recent Liability content

Practice notes
Delay in medical treatmentIntroductionThe standard of duty for doctors and other medical practitioners is well-known, and establishing whether a...
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Produced in partnership with David Green of 12 King's Bench Walk 31st Jul
Q&As
Can you direct me to any guidance or case law on whether the Ministry of Justice (MoJ) and individual prisons are likely to be liable for the standard...
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31st Jul
Practice notes
Claims for implanted medical devicesGuidance on care standards for cosmetic procedures is provided by the General Medical Council and came into effect...
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Produced in partnership with Conor Dufficy of 7 Bedford Row 31st Jul
Practice notes
Clinical negligence claims involving labour and delivery—injuries to the childThis Practice Note sets out practical considerations when managing these...
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Produced in partnership with Renée Wood 31st Jul
Practice notes
Consent in clinical negligence claims—capacity and other issuesTreatment of a patient by a doctor requires prior consent in order to be lawful. This...
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31st Jul
Practice notes
Causation and material contribution in clinical negligence claimsCausation and remoteness are the principles that the courts use to determine what...
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31st Jul
Practice notes
NICE GuidanceWhat is the National Institute for Health and Care Excellence and what does it do?National Institute for Health and Care Excellence...
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31st Jul
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 31st Jul
Practice notes
Clinical negligence surgical claimsAcross the spectrum of clinical negligence cases between those involving issues of ‘pure diagnosis’ and ‘pure...
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Produced in partnership with Aneurin Moloney 31st Jul
Practice notes
Consent in clinical negligence claims—treatment and causationFor further consent issues such as emergency treatment, withdrawal of consent, capacity,...
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Produced in partnership with James Byrne of 9 Gough Square 31st Jul
Practice notes
Clinical negligence claims involving labour and delivery—injuries to the motherThis Practice Note begins with a reminder of the importance of...
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Produced in partnership with Renée Wood 31st Jul
Practice notes
Wrongful conception, pregnancy and birthThe law relating to wrongful conception, pregnancy and birth can be conveniently broken down into four...
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Produced in partnership with Rachel Galloway of Kings Chambers 31st Jul
Practice notes
Health care associated infectionsWhat is a health care associated infection?The Health Protection Agency (now part of Public Health England) defined...
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Produced in partnership with Joel Donovan QC of Cloisters 31st Jul
Practice notes
The duty of candourIn June 2010, a full public inquiry into the Mid Staffordshire Foundation NHS Trust was announced. This was following concerns...
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31st Jul
Q&As
Can you direct me to case law Precedents on psychological injury caused by a delay in diagnosis?Delay in diagnosisDelayed diagnosis cases more...
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31st Jul
Q&As
In a clinical negligence claim, can an insurer seek to argue that given the death of the defendant (a GP who was insured at the time) that damages are...
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Produced in partnership with David Green of 12 King's Bench Walk 31st Jul
Q&As
For a case involving a GP from 1 April 2019, which is covered by the indemnity scheme called the Clinical Negligence Scheme for General Practice, is...
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31st Jul

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