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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
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
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
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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9th Nov
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
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...
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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
The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
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9th Nov
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...
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Produced in partnership with Andrew Wilson 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
Practice notes
The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...
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9th Nov

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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9th Apr
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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9th Apr
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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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 9th Apr
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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9th Apr
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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9th Apr
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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Produced in partnership with Alex Rush of Stewarts Law 9th Apr
Q&As
The Pre-Action Protocol for the Resolution of Clinical Disputes (clinical negligence protocol) has a prescribed method for obtaining medical records....
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24th Mar
Q&As
Our Conditional fee agreements—questions answered confirms under the sub-heading ‘when do I need to notify the court and other parties?' that you do...
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24th Mar
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
OverviewIn civil proceedings, surveillance evidence is most commonly used by defendants in personal injury claims. Its aim is to show any difference...
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Produced in partnership with David Willink of Lamb Chambers 18th 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
Precedents
ToDefendantDear SirsLetter of Claim[insert claimant’s name] v [insert defendant’s name]We have been instructed to act on behalf of [insert claimant’s...
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4th Mar
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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4th Mar
Precedents
IN THE COUNTY COURT AT [insert location]Claim No. [insert number][insert name]        Claimantand[insert...
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4th Mar
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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Produced in partnership with Giles Mooney of 9 Gough Square 4th Mar
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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Produced in partnership with Sarah Fraser Butlin of Cloisters 4th 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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Produced in partnership with Marcus Weatherby of Pattinson Brewer 4th Mar

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