Past expenses and losses

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Past expenses and losses guidance:

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 therapeutic need and are...

Practice Note

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents

General principles As a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their injuries. A collateral...

Practice Note

General damages Pain, suffering and loss of amenity The court will make a monetary award to reflect the gravity of an injury and the effect it has had on a particular...

Practice Note

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents

Replacement vehicles and hire generally Where a driver’s vehicle has suffered damage in an accident sufficient for it to require repair or replacement, they may well need...

Practice Note

Enforceability of contracts Some credit hire agreements have been vulnerable to attack as unenforceable where the credit hire company has failed to comply with certain...

Practice Note

Defendant insurers commonly raise issues going to the quantum of the claim for hire charges. The common areas of dispute are: • need/type • period, and • rate For further...

Practice Note

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 August 2019. The...

Practice Note

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 August 2019. The...

Practice Note

Gross to net income conversion For further information, see: Gross to net income converted: Butterworths Personal Injury Litigation Service [321]–[360]....

Practice Note

Interest on general damages Entitlement A claimant is entitled to simple interest at a rate the court deems fit. The rate Interest on general damages is awarded at the...

Practice Note

Medical expenses A claimant is entitled to recover the cost of all treatment and medication reasonably incurred as a result of the injury. The types of medical expenses...

Practice Note

Basic principles The basic principles of mitigation are: • damages cannot be recovered in respect of losses which could have been avoided by taking reasonable measures to...

Practice Note

The information in this Practice Note is obtained from Butterworths Personal Injury Litigation Service (BPILS), which states in the introduction to nursing rates: ‘These...

Practice Note

Common issues Claims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss of earnings, see...

Practice Note

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 circumstances, a...

Practice Note

Heads of loss associated with a road traffic accident claim When considering potential losses in a claim arising from a road traffic accident, the following factors...

Practice Note

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents
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