The following Dispute Resolution news provides comprehensive and up to date legal information on Court compels disclosure in £500,000 phone crypto-theft case
The following Dispute Resolution news provides comprehensive and up to date legal information on Understating the incurred costs in a cost budget did not amount to misconduct (Vardy v Rooney)
The following Dispute Resolution news provides comprehensive and up to date legal information on Tycoon’s son loses challenge to £3m Howard Kennedy Bill
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...
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...
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...
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
Assumption of risk in sports and leisure claimsMany sports and leisure activities carry an inherent risk of injury. Participating in an extreme sport or leisure activity can make it alluring and exciting but even common and less dangerous activities and sports such as cycling, swimming, playing
Material contribution in personal injury claimsThe standard test for determining whether the defendant’s breach caused the claimant’s loss is the ‘but for’ test. This test requires the court to consider: but for the breach of the duty by the defendant, would the claimant have sustained the damage?
Burden of proof in personal injury claimsBalance of probabilitiesThe claimant must prove that, on the balance of probabilities, the defendant has been negligent or has breached their statutory duties. Proof on the balance of probabilities means proof that it is more likely than not. If the
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