Navigate through the complexities of assigning responsibility in personal injury and clinical negligence claims. This topic provides essential insights into determining legal liability, encompassing key principles, case law precedents, and expert strategies. Gain the knowledge needed to accurately identify liable parties and substantiate your client's case with robust evidence and legal acumen.
IP analysis: The Court of Appeal allowed an employee inventor’s appeals concerning the assessment of outstanding benefit under section 40 of the...
The Department of Health and Social Care (DHSC) has updated the ‘Enforcement and offences’ section of its consultation on high-risk cosmetic and...
Dispute Resolution analysis: The High Court struck out a claim to set aside a judgment enforcing a personal guarantee in documents allegedly forged by...
PI & Clinical Negligence analysis: the High Court refused an application challenging its jurisdiction to determine quantum in personal injury...
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...
The employer’s duty of careThis Practice Note considers the scope of an employer’s common law duty to ensure the safety of their employees with...
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...
Pain, suffering and loss of amenityValuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of...
Glossary—Latin legal termsDespite attempts in recent years to simplify the language used in legal cases, there are still a number of Latin phrases commonly used in personal injury claims. The following Latin phrases are listed in alphabetical order:Latin termDefinitionMeaningActa iure imperiiLegal
Vicarious liability in road traffic accidentsIn the past, a defendant would only have been vicariously liable for the negligence of a driver if the driver was acting in the course of their employment for the defendant. The law has developed significantly since then. If the driver was not an employee
Personal injury claims involving a bankrupt or insolvent partyThis Practice Note is intended to highlight a range of issues which arise in personal injury claims where either the claimant or defendant becomes insolvent.It is important first to distinguish between two distinct but related concepts.A
Vicarious liability in the course of employment—the close connection testThis Practice Notes considers the circumstances in which the court will hold an employer vicariously liable for a tort which has been committed by an employee. The courts’ approach to the ‘close connection’ test has evolved
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