Damages

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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
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: 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
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
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
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
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
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
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
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
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

Most recent Damages content

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 5th May
Practice notes
Enforceability of contractsSome credit hire agreements have been vulnerable to attack as unenforceable where the credit hire company has failed to...
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Produced in partnership with Andrew Wilson 27th Apr
Practice notes
Defendant insurers commonly raise issues going to the quantum of the claim for hire charges. The common areas of dispute are:•need/type•period,...
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Produced in partnership with Andrew Wilson 27th Apr
Practice notes
For guidance on how to apply for a Compensation Recovery Unit (CRU) certificate and on challenging a certificate, see Practice Note: CRU certificates:...
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27th Apr
Precedents
Filed on behalf of the claimantWitness Statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
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27th Apr
Precedents
Filed on behalf of the claimantWitness Statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
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27th Apr
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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27th Apr
Practice notes
NOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced that the discount rate would change...
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Produced in partnership with Louise Thomson 27th Apr
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...
Read More >
Produced in partnership with Ian Huckstepp of IRH Solicitors 27th Apr
Practice notes
NOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced that the discount rate would change...
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Produced in partnership with Louise Thomson 27th Apr
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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27th Apr
Q&As
Future loss of earnings for self-employed personsWhen the medical evidence demonstrates that the claimant is unlikely to work again, the court's task...
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27th Apr
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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27th Apr
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[SPECIFY SPECIALIST COURT]][[INSERT LOCATION] DISTRICT...
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27th Apr
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[SPECIFY SPECIALIST COURT]][[INSERT LOCATION] DISTRICT...
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27th Apr
Practice notes
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...
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27th Apr
Practice notes
Heads of loss associated with a road traffic accident claimWhen considering potential losses in a claim arising from a road traffic accident, the...
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27th Apr
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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27th Apr
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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27th Apr

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