Past expenses and losses

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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
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
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 Andrew Wilson 9th Nov
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 9th Nov
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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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 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
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
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
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
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 9th Nov
Practice notes
Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...
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Produced in partnership with Andrew Wilson 9th Nov
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 Louise Thomson 9th Nov
Practice notes
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
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9th Nov
Practice notes
The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...
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9th Nov

Most recent Past expenses and losses content

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 25th Nov
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 Nov
Precedents
IN THE COUNTY COURT AT [INSERT]CLAIM NO:BETWEEN[A B]        Claimantand[X Y]        Defendant________________________________________________COUNTER...
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25th Nov
Precedents
[IN THE HIGH COURT OF JUSTICEORIN THE COUNTY COURT AT [INSERT]][[SPECIFY DIVISION]][[SPECIFY SPECIALIST COURT]][[INSERT LOCATION] DISTRICT...
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25th Nov
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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25th Nov
Precedents
[IN THE HIGH COURT OF JUSTICEORIN THE COUNTY COURT AT [INSERT]][[SPECIFY DIVISION]][[SPECIFY SPECIALIST COURT]][[INSERT LOCATION] DISTRICT...
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25th Nov
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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25th Nov
Practice notes
Gross to net income conversionFor further information, see: Gross...
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25th Nov
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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23rd Nov
Precedents
[IN THE HIGH COURT OF JUSTICEORIN THE COUNTY COURT AT [insert]][[SPECIFY DIVISION]][[Specify Specialist court]][[INSERT LOCATION] DISTRICT...
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23rd Nov
Precedents
[IN THE HIGH COURT OF JUSTICEORIN THE COUNTY COURT AT [insert]][[Specify division]][[Specify Specialist court]][[INSERT LOCATION] DISTRICT...
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23rd Nov
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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23rd Nov
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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23rd 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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23rd Nov
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 Louise Thomson 23rd 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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23rd Nov
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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23rd Nov
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 Louise Thomson 23rd Nov
Precedents
[Insert the title of the proceedings, including the court and division (where necessary) in which the claim is to be issued, the full name of each...
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30th Sep
Precedents
[date]Claimant’s date of birth[date]Accident[date][Important medical milestones, such as discharge from hospital or surgery][date][if appropriate,...
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30th Sep

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