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.
The following Dispute Resolution news provides comprehensive and up to date legal information on Fixed costs do not apply to wrongful interference with goods (Executors of the Estate of Kenneth Collins v Chief Constable of Thames Valley Police)
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...
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
Did the claimant consent to the risk of injury?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 consents to the risk of injury. In such circumstances, should injury occur, the
If a claimant has issued proceedings against two defendants and subsequently the first defendant makes a Part 36 offer to settle the matter despite liability being outstanding between the two defendants, can the first defendant then pursue the second defendant for a recovery? Will separate
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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