General damages

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Practice notes
Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson...
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19th May
Practice notes
Motor claims in the Portal—a practical guide (Stage 1)The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April...
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Produced in partnership with Sue Brown 19th May
Practice notes
EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury...
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Produced in partnership with Sue Brown 19th May
Practice notes
Time limits under the Limitation Act 1980—personal injury claimsThe Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits...
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19th May
Practice notes
Credit hire—an introductionReplacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...
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19th May
Practice notes
The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
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19th May
Practice notes
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 19th May
Practice notes
Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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19th May
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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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
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
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
Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...
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Produced in partnership with Andrew Wilson 19th May

Most recent General damages content

Practice notes

Judicial College Guidelines (JC Guidelines)

The Judicial

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31st Jul
Q&As
Are there any reported cases in which an already severely disabled child has been awarded damages for injuries suffered in a subsequent accident where...
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31st Jul
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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31st Jul
Practice notes
Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial...
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31st Jul
Practice notes
Other heads of general damagesGeneral damagesGeneral damages comprise those heads of loss that are non-pecuniary and are not capable of precise...
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31st Jul
Practice notes
Personal injury expertsExpert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 31st Jul
Practice notes
Common medical tests for specific medical conditionsA. OrthopaedicOrthopaedic conditions affecting the bones, muscles and ligament structure. Common...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 31st Jul
Practice notes
Claims involving serious brain injuriesNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...
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Produced in partnership with Caroline Klage of Bolt Burdon Kemp 31st Jul
Practice notes
Accessing and disclosing medical recordsIntroductionIt is important that personal injury practitioners are fully aware of all potential medical issues...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 31st Jul
Practice notes
Organising medical recordsAdvantages of collating medical recordsOrganising medical records prior to instructing a medical expert has several...
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31st Jul
Q&As
Where an expert report has been obtained but the expert subsequently dies, is there a specific application to be made which allows for the report of...
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Produced in partnership with Andrew Wilson 31st Jul
Q&As
Do you have any guidance for contents of a witness statement for a Personal Injury case where quantum is in dispute?A statement dealing with quantum...
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Produced in partnership with Rankeshwar Batta of Anthony Collins Solicitors 31st Jul
Q&As
Do the Judicial College Guidelines factor in the Simmons v Castle uplift?The Lord Chief Justice announced a 10% increase in general damages awards to...
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31st Jul
Q&As
Is there any case law or guidance in relation to whether a claimant's loss of earnings as a result of attending a defendant’s medical expert...
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31st Jul
Q&As
Can a claimant claim for loss of enjoyment of a holiday or activity as a result of an injury sustained in a road traffic accident. If so, how is this...
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31st Jul
Q&As
How is an award for loss of amenity valued? Do judges apply an uplift? Is there a percentage based on the severity, or is it discretionary basis?Pain,...
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31st Jul
Q&As
Do you have a Precedent for a pre-action application for disclosure of medical records in a clinical negligence claim?The Pre-Action Protocol for the...
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31st Jul
Q&As
How is interest on special damages calculated in personal injury claims, where the claim is a portal claim and it will not be issued in court?Low...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 31st Jul
Practice notes
BPILS Section D medical drawingsThese drawings have been prepared by Dr Manuel Anderson of South Shields, Tyne and Wear, a Consultant General...
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31st Jul

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