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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
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
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
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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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
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
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
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 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
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
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 Nov
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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Produced in partnership with Andrew Wilson 12th Jan
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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9th Nov
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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9th Nov
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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9th Nov
Practice notes
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...
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Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 12th Jan

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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4th Mar
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.Note: A new version of the protocol applies from 6 April 2015. For the post-6...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 4th Mar
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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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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2nd Mar
Q&As
Commentary: 1 Vicarious Liability: Butterworths Personal Injury Litigation Service [333] explains:‘From 1 April 2019, NHS Resolution has operated a...
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15th Feb
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
Dear [insert name of expert]Re: [Client’s name]Address: [Insert address]Date of Birth: [Insert date of birth]Date of Accident: [Date]I write further...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 14th Feb
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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Produced in partnership with Marcus Weatherby of Pattinson Brewer 14th Feb
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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Produced in partnership with Marcus Weatherby of Pattinson Brewer 14th Feb
Precedents
Claim No: [Insert]In the High Court of JusticeQueen’s Bench DivisionBetween[insert name]        Claimantsand[insert...
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Produced in partnership with Conor Dufficy of 7 Bedford Row 14th Feb
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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Produced in partnership with Marcus Weatherby of Pattinson Brewer 14th Feb
Precedents
Dear [insert name of costs draftsman]Re: [Client’s name]Address: [Insert address]Date of Birth: [Insert date of birth]Date of Accident: [Date]You will...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 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
[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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Produced in partnership with Marcus Weatherby of Pattinson Brewer 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
Note: The Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) is applicable under UK law from the end of the...
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Produced in partnership with David Robinson of Thompsons Solicitors 12th Feb
Precedents
[In the High Court of JusticeORIn the County Court at [insert]]Claim No:BetweenA B        ClaimantsandX...
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Produced in partnership with Thea Wilson of 12 Kings Bench Walk 12th Feb

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