This Settlement is dated this[•] day of[•] 20[•] and made between: Parties 1 [name] of [address] (the Settlor); and 2 [[name] of [address]; and [name] of [address] (the...
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 has entered an...
Is it reasonably necessary? The claimant will be entitled to recover aids and equipment if they can prove that they are for a genuine medical or therapeutic need and are...
Timing and procedure A claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service. See Practice Note: After a...
Introduction The process of challenging a Compensation Recovery Unit (CRU) certificate of recoverable benefits was reformed in 2013, in the hope that a greater number of...
If a claimant has lost entitlement to state pension as a result of an accident there is, on the face of it, a potential claim in respect of that loss. However, to assess...
The claim and basis for it This type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the defendant’s negligence....
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 August 2019. For...
General principles As a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their injuries. A collateral...
A. Orthopaedic Orthopaedic conditions affecting the bones, muscles and ligament structure. Common tests include: • central nervous system • cranial nerves • cervical...
General damages Pain, suffering and loss of amenity The court will make a monetary award to reflect the gravity of an injury and the effect it has had on a particular...
Contributory negligence Recoverable benefits Any deductions for contributory negligence should be determined before assessing the amount of the compensation payment. The...
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 August 2019. Which...
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 August 2019....
Section A: Past losses 1 Past loss of earnings (i)–(ii) Loss of earnings to 17 June 2009 are agreed in the pleaded claim of £3,743.41. (iii)–(iv) Loss in the period 18...
Replacement vehicles and hire generally Where a driver’s vehicle has suffered damage in an accident sufficient for it to require repair or replacement, they may well need...
Enforceability of contracts Some credit hire agreements have been vulnerable to attack as unenforceable where the credit hire company has failed to comply with certain...
Defendant insurers commonly raise issues going to the quantum of the claim for hire charges. The common areas of dispute are: • need/type • period, and • rate For further...
What can be offset? A claimant will often receive state benefits as a result of their accident and the Department for Work and Pensions operates a system for recovering...
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 August 2019. The...
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 August 2019. The...
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 discount rate came...
Elements of a fatal accident claim There are two different elements to a fatal accident claim: • the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) allows...
Gross to net income conversion For further information, see: Gross to net income converted: Butterworths Personal Injury Litigation Service [321]–[360]....
Interest on general damages Entitlement A claimant is entitled to simple interest at a rate the court deems fit. The rate Interest on general damages is awarded at the...
Introduction Background and entitlement Often an injured claimant, particularly a seriously injured one, will need funds well in advance of the final resolution of their...
