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Practice notes
Time limits under the Limitation Act 1980—personal injury claimsThe Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits...
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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
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
Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
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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
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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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
Q&As
Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...
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Produced in partnership with David Sawtell of 39 Essex Chambers 19th May
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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19th May
Practice notes
Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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Produced in partnership with Renée Wood 19th May
Q&As
What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...
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19th May
Practice notes
Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 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
Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Loss of pension—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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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 PI & Clinical Negligence specific funding and costs content

Practice notes
Fixed costs in road traffic accident claimsSTOP PRESS: A new RTA small claims protocol for whiplash claims comes into effect for accidents occurring...
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16th Jun
Practice notes
Fixed costs in employer liability and public liability claimsFixed costs under the Pre-Action Protocol for Low Value Personal Injury (Employers’...
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16th Jun
Practice notes
The Pre-Action Protocol for Resolution of Package Travel Claims and fixed costs—7 May 2018 onwardsThe Pre-Action Protocol for Resolution of Package...
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8th Jun
Q&As
Which costs apply in a fast track claim that settles for £1,000? The defendant has made a Part 36 offer of £1,000.This is a Part 7 claim which is at...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 5th Jun
Q&As
Can there be a Part 36 offer to multiple claimants by one defendant?In summary, the rules are silent on the question. But there is no reason in...
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Produced in partnership with David Willink of Lamb Chambers 5th Jun
Q&As
When submitting an employer’s liability/public liability claim through the portal, how should the claim be funded? Should the client be signing a...
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5th Jun
Q&As
What are the claimant's options when the defendant has failed to pay fixed costs on settlement of a public liability claim, where proceedings have...
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5th Jun
Q&As
Can a notice of discontinuance be filed in Part 8 proceedings? What about if there is a hearing listed?A claimant has the right to discontinue a claim...
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Produced in partnership with Peter Edwards of Devereux Chambers 5th Jun
Q&As
Do fixed or standard costs apply to claims brought under the Package Travel, Package Holidays and Package Tours Regulations 1992?For the purposes of...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 5th Jun
Practice notes
Damages-based agreements—personal injury and clinical negligenceThis Practice Note explains how the damages-based agreement (DBA) regime operates...
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5th Jun
Practice notes
Personal injury referral arrangements—the statutory regimeThis Practice Note explains the statutory regime underpinning the personal injury (PI)...
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5th Jun
Q&As
What are the costs budget requirements for Part 20 claims? Should the defendant bringing a Part 20 claim file a single budget including all costs or...
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5th Jun
Q&As
Post-Jackson: What costs issues arise when acting in a personal injury claim for a child claimant?The new protocols for RTA and EL/PL claims outline...
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5th Jun
Q&As
How does QOCS apply where a claimant rejects the defendant's Part 36 offer and the defendant wins at trial?Under CPR 36.13(4), the qualified one-way...
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5th Jun

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