Past expenses and losses

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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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Produced in partnership with Andrew Wilson 12th Jan
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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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 12th Jan
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 12th Jan
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
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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9th Nov
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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Produced in partnership with Andrew Wilson 12th Jan
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 12th Jan
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
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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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
The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
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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 12th Jan
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 12th Jan
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 12th Jan

Most recent Past expenses and losses content

Precedents
IN THE COUNTY COURT AT [INSERT]CLAIM NO:BETWEEN[A B]        Claimantand[X Y]        Defendant________________________________________________COUNTER...
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12th Apr
Practice notes
NOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced that the discount rate would change...
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Produced in partnership with Louise Thomson 9th Apr
Practice notes
Basic principlesThe basic principles of mitigation are:•damages cannot be recovered in respect of losses which could have been avoided by taking...
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Produced in partnership with Tom Pacey of 12 King's Bench Walk 9th Apr
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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9th Apr
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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9th Apr
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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9th Apr
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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9th Apr
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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9th Apr
Practice notes
Gross to net income conversionFor further information, see: Gross...
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9th Apr
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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9th Apr
Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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9th Apr
Practice notes
NOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced that the discount rate would change...
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Produced in partnership with Louise Thomson 9th Apr
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 18th Mar
Q&As
Claims can be raised for loss of enjoyment of a holiday or an activity and falls under the category of a non-pecuniary loss, as the injury has been...
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18th Mar
Practice notes
Defendant insurers commonly raise issues going to the quantum of the claim for hire charges. The common areas of dispute are:•need/type•period,...
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Produced in partnership with Andrew Wilson 18th Mar
Practice notes
Replacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to require repair or replacement,...
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Produced in partnership with Andrew Wilson 18th Mar
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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18th Mar
Q&As
Low value road traffic accident and employer’s/public liability claims in which liability is admitted proceed through the Ministry of Justice Portal....
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Produced in partnership with Daniel Laking of 39 Essex Chambers 15th Feb

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