Damages

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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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26th Oct
Practice notes
To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...
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Produced in partnership with Andrew Wilson 23rd Oct
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 Oct
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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2nd Oct
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 1st Oct
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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25th Sep
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 Sep
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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25th Sep
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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25th Sep

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 Sep
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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25th Sep
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 25th Sep
Practice notes
A claimant may find themselves dependent on a friend or relative as a result of their injuries, particularly in the early stages of recovery. In these...
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25th Sep
Practice notes

The Judicial College G

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25th Sep
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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25th Sep
Practice notes
Gross to net income conversionFor further information, see: Gross...
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25th Sep
Practice notes
Types of personal injury trustHow to choose between the different types of trustPersonal injury trusts are often considered in the context of the...
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25th Sep
Practice notes
IntroductionIt is a sad fact that in many personal injury cases, particularly those involving the most catastrophic injuries, the injured person will...
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25th Sep
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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25th Sep
Practice notes
General damagesGeneral damages comprise those heads of loss that are non-pecuniary and are not capable of precise calculation.The most common and...
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25th Sep
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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26th Sep
Practice notes
The initial application for provisional damagesIf a claimant wishes to apply for provisional damages, it is necessary to formally plead this in the...
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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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 26th Sep
Practice notes
These drawings have been prepared by Dr Manuel Anderson of South Shields, Tyne and Wear, a Consultant General Physician and Fellow of the Royal...
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26th Sep
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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26th Sep

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