Past expenses and losses

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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
Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
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19th May
Practice notes
Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
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19th May
Practice notes
CRU certificates—recoverable benefits and lump sum paymentsSeparate legislation covers the recovery of NHS charges. For guidance on requesting and...
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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
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
Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
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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
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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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
Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Applying for an interim payment order in personal injury claimsTiming and procedureA claimant can apply for an interim payment order after the end of...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
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19th May

Most recent Past expenses and losses content

Practice notes
Collateral benefits and double recoveryGeneral principlesAs a general rule, a claimant must give credit for any financial gains they make that they...
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31st Jul
Q&As
Can you claim travel expenses for family members visiting a sick relative, where the sick relative is making a mesothelioma claim? If so is there any...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 31st Jul
Practice notes
Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 31st Jul
Practice notes
Common recoverable losses in personal injury casesGeneral damagesPain, suffering and loss of amenityThe court will make a monetary award to reflect...
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31st Jul
Practice notes
Credit hire—common liability issuesEnforceability of contractsSome credit hire agreements have been vulnerable to attack as unenforceable where the...
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Produced in partnership with Andrew Wilson 31st Jul
Practice notes
Mitigation in personal injury claimsBasic principlesThe basic principles of mitigation are:•damages cannot be recovered in respect of losses which...
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Produced in partnership with Tom Pacey of 12 King's Bench Walk 31st Jul
Practice notes
Nursing charge ratesThe information in this Practice Note is obtained from Butterworths Personal Injury Litigation Service (BPILS), which states in...
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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
Can a legal representative sign the schedule of loss?The Practice Note: Statements of truth states that under CPR PD 22, para 1.1–1.4 certain...
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31st Jul
Q&As
When calculating future loss of earnings, what happens if a self-employed person sells their business as they can no longer work? Does the lump sum...
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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
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
Q&As
What discount should be applied to nursing rates when calculating a claim for gratuitous care?Practice Note: Cost of care—personal injury claims...
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31st Jul
Q&As
Are loss of earnings recoverable when the client is self-employed and the loss is to company over the client?If the claimant is a sole trader, then...
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Produced in partnership with David Green of 12 King's Bench Walk 31st Jul
Q&As
How should a claimant’s loss of congenial employment be pleaded in a schedule of special damages?A claimant who is precluded from doing a job they...
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31st Jul
Practice notes
Accommodation, aids and equipmentIs it reasonably necessary?The claimant will be entitled to recover aids and equipment if they can prove that they...
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31st Jul

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