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Practice notes
This Practice Note looks at how to make an interim application under Part 23 of the CPR. It considers what you need to file ie the application notice...
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20th Oct
Practice notes
This case tracker considers case law to date on fundamental dishonesty particularly in the context of the court’s power to dismiss a claim under...
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8th 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
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...
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26th Sep
Practice notes
Most road traffic cases turn on their particular facts.There are few hard and fast rules, and disapproval of the excessive citation of authority has...
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26th Sep
Practice notes
General damagesPain, suffering and loss of amenityThe court will make a monetary award to reflect the gravity of an injury and the effect it has had...
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26th Sep
Practice notes
The general rule—no compensation for mental distress without recognised psychiatric illnessIt is common for accident victims to suffer considerable...
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26th Sep
Practice notes
Contributory negligenceThe question of contributory negligence is dependent on the facts of the case. In Davies the Court of Appeal stated that...
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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
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
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
The main aim of the Criminal Justice and Courts Act 2015 (CJCA 2015) is to make provision about how offenders are dealt with before and after...
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25th Sep
Practice notes
In some instances someone may suffer damage that results partly from their own fault and partly from the fault of someone else. A claim in respect of...
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25th Sep
Practice notes
Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...
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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
The question of whether a road user has failed to drive with reasonable care is fact sensitive.Evidence of negligence may be gleaned from the...
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25th Sep

Most recent Procedure content

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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25th Sep
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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25th Sep
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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25th Sep
Practice notes
The NHS complaints procedureA patient’s search for a proper explanation about what went wrong, for an apology and for a promise that such mistakes...
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25th Sep
Practice notes
°Not Present or No abnormality (e.g. J° “No jaundice”)+/-Uncertain/equivocal+Present or Noted++Present Significantly+++Present in...
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25th Sep
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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26th Sep
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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26th Sep
Precedents
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 UK...
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26th Sep
Precedents
Letter of Claim(Insert headings etc.)Our Client: [Insert Name]Address: [Insert]Date of Birth: [Insert]Date of alleged negligent treatment:...
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26th Sep
Precedents
Letter of Claim(Insert headings etc.)Our Client: [Insert Name]Address: [Insert]Date of Birth: [Insert]Date of alleged negligent treatment:...
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26th Sep
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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26th Sep
Practice notes
Advantages of collating medical recordsOrganising medical records prior to instructing a medical expert has several benefits:•it can cut down on the...
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26th Sep
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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26th Sep
Practice notes
BackgroundThe National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011, SI 2011/704 came into force on 1 April...
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26th Sep
Practice notes
Coronavirus (Covid-19): A scheme has been launched by NHS Resolution to meet liabilities arising from the special healthcare arrangements being put in...
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26th Sep
Precedents
[insert name and address of addressee][insert date]Dear [insert name]Re: [insert name of matter]As we have previously discussed, we have agreed with...
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26th Sep
Precedents
[insert name and address of addressee][insert date]Dear [insert name]We confirm that we would be agreeable to mediation and any other form of ADR...
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26th Sep
Precedents
[insert name and address of addressee][insert date]Dear [insert name]We recognise that to be effective the parties need to have exchanged sufficient...
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26th Sep
Precedents
Statement to court in respect of mediationI have considered the following factors in order to determine whether this case is suitable for ADR:1[The...
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26th Sep
Precedents
[insert name and address of addressee][insert date]Dear [insert name]1Pre-issue invitation to mediate rather than litigateWe have now exchanged...
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26th Sep

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