Establishing legal liability

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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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26th Oct
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 23rd Oct
Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Oct
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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2nd Oct
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 1st Oct
Practice notes
What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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26th Sep
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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26th Sep
Practice notes
The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...
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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
Practice notes
This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...
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26th Sep
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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25th Sep
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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25th Sep
Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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25th Sep
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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25th Sep

Most recent Establishing legal liability content

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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25th Sep
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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25th Sep
Practice notes
In June 2010, a full public inquiry into the Mid Staffordshire Foundation NHS Trust was announced. This was following concerns about standards of care...
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25th Sep
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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25th Sep
Practice notes
Many sports and leisure activities carry an inherent risk of injury. Participating in an extreme sport or leisure activity can make it alluring and...
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25th Sep
Practice notes
On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) re-wrote section 47 of the Health and Safety at Work etc...
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25th Sep
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
Read More >
25th Sep
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...
Read More >
25th Sep
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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25th Sep
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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26th Sep
Practice notes
The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that the claimant understands the danger of the...
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26th Sep
Practice notes
This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...
Read More >
26th Sep
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...
Read More >
26th Sep
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...
Read More >
26th Sep
Precedents
1 For the purposes of this...
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26th Sep
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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26th Sep
Precedents
1 For the purposes of this action only and no...
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26th Sep
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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26th Sep
Precedents
1 The Claimant’s alleged cause of action did not arise within three years before the commencement of this action and is barred by...
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26th Sep
Precedents
Our Client: [name of claimant or defendant]Accident on [date].We are instructed by [name of claimant or defendant]We understand that you were a...
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26th Sep

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