Damages

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Featured PI & Clinical Negligence content

Practice notes
Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...
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19th May
Practice notes
Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
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19th May
Practice notes
Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
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19th May
Practice notes
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 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
Practice notes
Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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Produced in partnership with Louise Thomson 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
Practice notes
Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015NOTE: This Practice Note deals with the MIB Uninsured...
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19th May
Practice notes
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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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
Practice notes
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 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
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

Most recent Damages content

Practice notes
Loss of chance damagesThis Practice Note considers in detail when damages for loss of a chance (loss of an opportunity damages) may be recoverable,...
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Produced in partnership with Anneliese Day QC and Christopher Knowles of Fountain Court Chambers 13th Sep
Precedents
Claimant witness statement on quantumFiled on behalf of the claimantWitness Statement of [insert initial and surname of witness]Number of witness...
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13th Sep
Practice notes
Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
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13th Sep
Practice notes
Nursing charge ratesThe information in this Practice Note is obtained from Butterworths Personal Injury Litigation Service (BPILS), which states in...
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10th Sep
Q&As
Instructing joint experts and how to proceed where an expert changes their mind.Single joint experts and joint statements prepared by expertsThe rules...
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9th Sep
Practice notes
Recovery of social security benefitsThe recovery systemA claimant will often receive state benefits as a result of an accident, injury or disease. The...
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9th Sep
Precedents
Schedule of special damages—serious injury multi track[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT...
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8th Sep
Practice notes
Organising medical recordsAdvantages of collating medical recordsOrganising medical records prior to instructing a medical expert has several...
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2nd Sep
Precedents
Medical records subject access request formNOTE: The United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) is...
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25th Aug
Practice notes
Surveillance evidence in personal injury claimsOverviewIn civil proceedings, surveillance evidence is most commonly used by defendants in personal...
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Produced in partnership with David Willink of Lamb Chambers 23rd Aug
Practice notes
Recovery of NHS chargesWhen a claimant is successful in claiming compensation as a result of an accident, the NHS is entitled to recover an amount to...
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19th Aug
Practice notes
Recovery of lump sum payments in disease casesFor guidance on how to apply for a Compensation Recovery Unit (CRU) certificate and on challenging a...
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19th Aug
Practice notes
The Court of Protection versus personal injury trustsIntroductionIt is a sad fact that in many personal injury cases, particularly those involving the...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 16th Aug
Practice notes
Tax and the personal injury trustInheritance tax and personal injury trustsIt is a common misconception among practitioners that using one type of...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 16th Aug
Practice notes
Personal injury trustsTypes of personal injury trustHow to choose between the different types of trustPersonal injury trusts are often considered in...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 16th Aug
Precedents
Personal injury bare trust—childThis TRUST is made on [date]Parties1[name] of [address] acting by [name] of [address] (the Litigation Friend)...
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15th Aug
Precedents
Personal injury bare trust—mentally incapable adultThis TRUST is made on [date]Parties1[name] of [address] acting by [name] of [address] (the...
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15th Aug
Precedents
Personal injury bare trust—mentally capable adultThis TRUST is made on [date]Parties1[name] of [address] (the Settlor) and2[name] of [address] and...
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15th Aug
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 15th Aug
Practice notes
Claims for loss of entitlement to state pension in personal injury claimsIf a claimant has lost entitlement to state pension as a result of an...
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Produced in partnership with Andrew Wilson 15th Aug

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