Establishing legal liability

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Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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9th Nov
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
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
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
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
Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...
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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
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
Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...
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9th Nov
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
Practice notes
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov
Practice notes
The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...
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9th Nov

Most recent Establishing legal liability content

Practice notes
Who may apply for a group litigation order and when?It is worth noting that, subject to obtaining the appropriate consent (on which see: Application...
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Produced in partnership with Andrew Wilson 25th Jan
Precedents
[In the High Court of JusticeORIn the COUNTY COURT AT [insert]][[Specify division]][[Specify Specialist court]][[Insert location] District...
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20th Jan
Practice notes
What is a group litigation order?Multiple claims can be managed by the court under a group litigation order (GLO). GLOs may be made, before or after...
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Produced in partnership with Andrew Wilson 18th Jan
Practice notes
This Practice Note is intended to highlight a range of issues which arise in personal injury claims where either the claimant or defendant becomes...
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Produced in partnership with Phillip Patterson of Hardwicke Chambers 16th Jan
Practice notes
In the vast majority of cases, practitioners will have very little difficulty in identifying a person (or entity) who owed a duty of care to the...
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Produced in partnership with Andrew Wilson 16th Jan
Practice notes
IntroductionThis Practice Note is provided specifically to set out the fundamental change to workplace accident claims brought about by the enactment...
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16th Jan
Practice notes
Establishing the causal linkThe starting point in establishing the causal link is the 'but for' test, which requires the court to consider: but for...
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16th Jan
Practice notes
Originally produced in partnership with David Robinson of Thompsons Solicitors. Updated in partnership with Andrew Wilson.See Practice Note: Did the...
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16th Jan
Practice notes
The main aim of the Criminal Justice and Courts Act 2015 (CJCA 2015) is to make provision about how offenders are dealt with before and after...
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16th Jan
Practice notes
The reasonable person testOnce a court has determined that a common law duty of care exists between the parties, the next stage is for the claimant to...
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16th Jan
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 16th Jan
Practice notes
DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...
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Produced in partnership with Andrew Wilson 16th Jan
Practice notes
The Law Reform (Contributory Negligence) Act 1945 (LR(CN)A 1945), s 1(1) provides:'Where any person suffers damage as the result partly of his own...
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16th Jan
Practice notes
Examples of established relationshipsFor a claimant to succeed in proving their claim in common law negligence they must first prove that the...
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16th Jan
Practice notes
Duties and responsibilities of parties and legal advisersPleadings—CPRBy CPR Part 16.5(2), where a defendant denies an allegation set out in the...
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Produced in partnership with Andrew Wilson 16th Jan
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 16th Jan
Practice notes
If this question is answered in the affirmative, the defendant may have a complete defence to any claim brought against them. This defence is commonly...
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16th Jan
Practice notes
Balance of probabilitiesThe claimant must prove that, on the balance of probabilities, the defendant has been negligent or has breached their...
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16th Jan
Practice notes
OverviewIn civil proceedings, surveillance evidence is most commonly used by defendants in personal injury claims. Its aim is to show any difference...
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Produced in partnership with David Willink of Lamb Chambers 16th Jan
Practice notes
This Practice Note sets out with a very brief summary the key health and safety regulations that currently apply in England and Wales. These...
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14th Jan

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