Establishing legal liability

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Latest PI & Clinical Negligence News

Claimant recovers damages from MIB 24 years after accident—settlement approved, but amount to remain confidential (Johnson v Secretary of State for Transport and MIB)

CPR Committee annual open meeting—14 May 2021

The following Construction news provides comprehensive and up to date legal information on CPR Committee annual open meeting—14 May 2021

PI & Clinical Negligence weekly highlights—13 May 2021

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—13 May 2021

Inexcusable delay giving judgment, dishonest assistance and dual vicarious liability (Natwest Markets plc v Bilta UK Ltd (In liquidation))

The following Dispute Resolution news provides comprehensive and up to date legal information on Inexcusable delay giving judgment, dishonest assistance and dual vicarious liability (Natwest Markets plc v Bilta UK Ltd (In liquidation))

Featured PI & Clinical Negligence content

Drafting counter schedules of loss in PI and clinical negligence claims

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...

Applying for an interim payment order in personal injury claims

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...

Part 36 offers in PI and clinical negligence claims

Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...

Loss of congenial employment

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...

Practice notes

Misfeasance in public office

The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...

9th Nov

Practice notes

Future loss of earnings—personal injury claims

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...

9th Nov

Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...

9th Nov

Precedents

Claim against a defendant driver’s insurers holding them liable under section 151 of the Road Traffic Act 1988

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

9th Nov

Practice notes

Low Velocity Impact RTAs—in detail

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

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

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...

9th Nov

Practice notes

Motor insurance

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

9th Nov

Practice notes

Vicarious liability in the course of employment—the close connection test

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Was the damage foreseeable?

The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...

9th Nov

Practice notes

Provisional damages

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

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...

9th Nov

Practice notes

Smith v Manchester awards

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,...

9th Nov

Practice notes

Psychiatric injury—secondary victims

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...

9th Nov

Practice notes

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...

9th Nov

In-house

Practice notes

Qualified one-way costs shifting (QOCS)

What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...

9th Nov

Most recent Establishing legal liability content

Practice notes

Was the claimant involved in an illegal activity?

Was the claimant involved in an illegal activity?If this question is answered in the affirmative, the defendant may have a complete defence to any...

16th May

Practice notes

Vicarious liability—case tracker

Vicarious liability—case trackerWhen considering liability, a claimant will be seeking to establish the fault, whether negligence or breach of...

16th May

Practice notes

Vicarious liability for deliberate acts

Vicarious liability for deliberate actsSince the decision in Lister v Hesley Hall in 2002, it has been clear that, subject to satisfaction of the...

Produced in partnership with Andrew Wilson 16th May

Practice notes

Sexual abuse claims

Sexual abuse claimsLimitation issuesClaims for abuse are often presented many years after the events giving rise to them.It is usual practice in cases...

16th May

Practice notes

What is fundamental dishonesty?

What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...

16th May

Practice notes

Personal injury claims and the Criminal Justice and Courts Act

Personal injury claims and the Criminal Justice and Courts ActThe main aim of the Criminal Justice and Courts Act 2015 (CJCA 2015) is to make...

16th May

Practice notes

Fraud, exaggeration and LVIs in personal injury claims

Fraud, exaggeration and LVIs in personal injury claimsDefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has...

Produced in partnership with Andrew Wilson 16th May

Practice notes

Causation and material contribution in PI claims

Causation and material contribution in PI claimsOriginally produced in partnership with David Robinson of Thompsons Solicitors. Updated in partnership...

16th May

Practice notes

Scope and impact of vicarious liability

Scope and impact of vicarious liabilityEmployees, workers, contractors and othersIn Various Claimants v Catholic Child Welfare Society, Lord Phillips...

Produced in partnership with Andrew Wilson 16th May

Practice notes

The duty of candour

The duty of candourIn June 2010, a full public inquiry into the Mid Staffordshire Foundation NHS Trust was announced. This was following concerns...

16th May

Practice notes

Mitigation in personal injury claims

Mitigation in personal injury claimsBasic principlesThe basic principles of mitigation are:•damages cannot be recovered in respect of losses which...

Produced in partnership with Tom Pacey of 12 King's Bench Walk 16th May

Practice notes

Did the claimant consent to the risk of injury?

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...

16th May

Practice notes

Burden of proof in personal injury claims

Burden of proof in personal injury claimsBalance of probabilitiesThe claimant must prove that, on the balance of probabilities, the defendant has been...

16th May

Practice notes

Nature and operation of vicarious liability

Nature and operation of vicarious liabilityA personal injury claimant will typically be seeking to establish the fault, whether negligence or breach...

Produced in partnership with Andrew Wilson 16th May

Practice notes

Assumption of risk in sports and leisure claims

Assumption of risk in sports and leisure claimsMany sports and leisure activities carry an inherent risk of injury. Participating in an extreme sport...

Produced in partnership with Ian Huckstepp of IRH Solicitors 16th May

Practice notes

Proving negligence—duty of care and the assumption of risk

Proving negligence—duty of care and the assumption of riskIn the vast majority of cases, practitioners will have very little difficulty in identifying...

Produced in partnership with Andrew Wilson 16th May

Practice notes

Low Velocity Impact RTAs—in detail

Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...

Produced in partnership with Andrew Wilson 16th May

Practice notes

Indemnity in personal injury claims

Indemnity in personal injury claimsBrexit: The UK's departure from the EU has implications for practitioners considering road traffic accidents. This...

16th May

Practice notes

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsThe Law Reform (Contributory Negligence) Act 1945 (LR(CN)A 1945), s 1(1) provides:'Where any person...

16th May

Practice notes