Establishing legal liability

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Establishing legal liability guidance:

Many 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...

Practice Note

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 Act 1974 (HSWA 1974)....

Practice Note

The reasonable person test Once a court has determined that a common law duty of care exists between the parties, the next stage is for the claimant to prove that it has...

Practice Note

Balance of probabilities The claimant must prove that, on the balance of probabilities, the defendant has been negligent or has breached their statutory duties. Proof on...

Practice Note

Originally produced in partnership with David Robinson of Thompsons Solicitors. Updated in partnership with Andrew Wilson. See Practice Note: Did the breach of duty cause...

Practice Note

1 For the purposes of this action only and not otherwise, the Defendant admits liability to the Claimant herein for his negligence and/or breach of statutory duty and...

Precedents

1 For the purposes of this action only and not otherwise, the Defendant admits liability to the Claimant herein for his negligence and/or breach of statutory duty and...

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 Section 11 of the Limitation Act 1980....

Precedents

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 fault and partly of...

Practice Note

[In the High Court of Justice OR In the COUNTY COURT AT [insert]] [[Specify division]] [[Specify Specialist court]] [[Insert location] District Registry] Claim No:...

Precedents

[In the High Court of Justice OR In the COUNTY COURT AT [insert]] [[Specify division]] [[Specify Specialist court]] [[Insert location] District Registry] Claim No:...

Precedents

[In the High Court of Justice OR In the COUNTY COURT AT [insert]] [[Specify division]] [[Specify Specialist court]] [[Insert location] District Registry] Claim No:...

Precedents

Establishing the causal link The starting point in establishing the causal link is the 'but for' test, which requires the court to consider: but for the breach of the...

Practice Note

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 situation and willingly...

Practice Note

PRIVATE & CONFIDENTIAL [insert name and address of client] [insert date] Dear [insert name] The court has now given directions to the parties setting out the steps...

Precedents

Examples of established relationships For a claimant to succeed in proving their claim in common law negligence they must first prove that the defendant owed them a duty...

Practice Note

Duties and responsibilities of parties and legal advisers Pleadings—CPR By CPR Part 16.5(2), where a defendant denies an allegation set out in the particulars of claim,...

Practice Note

Definitions Fraud Defined in Derry v Peek as where it is shown that: 'a false representation has been made (1) knowingly, or (2) without belief in its truth, or (3)...

Practice Note

This case tracker considers case law to date on fundamental dishonesty particularly in the context of the court’s power to dismiss a claim under section 57 of the...

Practice Note

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 the commencement of...

Practice Note

Who may apply and when? It is worth noting that, subject to obtaining the appropriate consent (discussed below), the court has the power to order a GLO of its own...

Practice Note

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For guidance, see Practice...

Practice Note

Thank you for returning your draft amended statement. I have prepared a further statement, incorporating your amendments and I enclose this for your approval. Please note...

Precedents

Further to our recent [meeting OR telephone conversation] I have now drafted your witness statement. I enclose the statement for your approval and should be grateful if...

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 witness to the above...

Precedents

Introduction Over the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal injury claims,...

Practice Note
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