Damages

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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
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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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
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
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan
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: 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
Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...
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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
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov
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

Most recent Damages content

Practice notes
The information in this Practice Note is obtained from Butterworths Personal Injury Litigation Service (BPILS), which states in the introduction to...
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25th Jan
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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25th Jan
Practice notes
IntroductionIt is important that personal injury practitioners are fully aware of all potential medical issues relating to the claim. The medical...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 20th Jan
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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19th Jan
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 18th Jan
Practice notes
This Practice Note considers in detail when damages for loss of a chance (loss of an opportunity damages) may be recoverable, with reference to the...
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Produced in partnership with Anneliese Day QC and Christopher Knowles of Fountain Court Chambers 18th Jan
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 Louise Thomson 16th Jan
Practice notes
SecurityIn cases of lump sum only awards, the security of payment will not be a concern to the claimant once the damages and costs awards have been...
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Produced in partnership with Andrew Wilson 16th Jan
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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16th Jan
Practice notes
STOP PRESS: The 8th edition of the Ogden Tables was published on 17 July 2020 and contains revised actuarial tables which can be accessed here.NOTE:...
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16th Jan
Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
Read More >
16th Jan
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 16th Jan
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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16th 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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16th Jan
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 16th Jan
Practice notes
A. OrthopaedicOrthopaedic conditions affecting the bones, muscles and ligament structure. Common tests include:•central nervous system•cranial...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 16th Jan
Practice notes
IntroductionBackground and entitlementOften an injured claimant, particularly a seriously injured one, will need funds well in advance of the final...
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Produced in partnership with Andrew Wilson 16th Jan
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 Caroline Klage Bolt Burdon Kemp 16th Jan
Practice notes
Basic principlesThe basic principles of mitigation are:•damages cannot be recovered in respect of losses which could have been avoided by taking...
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Produced in partnership with Tom Pacey of 12 King's Bench Walk 16th Jan
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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16th Jan

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