Establishing legal liability

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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
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...
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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
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
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 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
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
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
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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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
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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9th Nov
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
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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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov

Most recent Establishing legal liability content

Practice notes
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...
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16th May
Practice notes
Vicarious liability—case trackerWhen considering liability, a claimant will be seeking to establish the fault, whether negligence or breach of...
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16th May
Practice notes
Vicarious liability for deliberate actsSince the decision in Lister v Hesley Hall in 2002, it has been clear that, subject to satisfaction of the...
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Produced in partnership with Andrew Wilson 16th May
Practice notes
Sexual abuse claimsLimitation issuesClaims for abuse are often presented many years after the events giving rise to them.It is usual practice in cases...
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16th May
Practice notes
What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...
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16th May
Practice notes
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...
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16th May
Practice notes
Fraud, exaggeration and LVIs in personal injury claimsDefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has...
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Produced in partnership with Andrew Wilson 16th May
Practice notes
Causation and material contribution in PI claimsOriginally produced in partnership with David Robinson of Thompsons Solicitors. Updated in partnership...
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16th May
Practice notes
Scope and impact of vicarious liabilityEmployees, workers, contractors and othersIn Various Claimants v Catholic Child Welfare Society, Lord Phillips...
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Produced in partnership with Andrew Wilson 16th May
Practice notes
The duty of candourIn June 2010, a full public inquiry into the Mid Staffordshire Foundation NHS Trust was announced. This was following concerns...
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16th May
Practice notes
Mitigation in personal injury claimsBasic principlesThe basic principles of mitigation are:•damages cannot be recovered in respect of losses which...
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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?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
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16th May
Practice notes
Burden of proof in personal injury claimsBalance of probabilitiesThe claimant must prove that, on the balance of probabilities, the defendant has been...
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16th May
Practice notes
Nature and operation of vicarious liabilityA personal injury claimant will typically be seeking to establish the fault, whether negligence or breach...
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Produced in partnership with Andrew Wilson 16th May
Practice notes
Assumption of risk in sports and leisure claimsMany sports and leisure activities carry an inherent risk of injury. Participating in an extreme sport...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 16th May
Practice notes
Proving negligence—duty of care and the assumption of riskIn the vast majority of cases, practitioners will have very little difficulty in identifying...
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Produced in partnership with Andrew Wilson 16th May
Practice notes
Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...
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Produced in partnership with Andrew Wilson 16th May
Practice notes
Indemnity in personal injury claimsBrexit: The UK's departure from the EU has implications for practitioners considering road traffic accidents. This...
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16th May
Practice notes
Contributory negligence in personal injury claimsThe Law Reform (Contributory Negligence) Act 1945 (LR(CN)A 1945), s 1(1) provides:'Where any person...
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16th May
Practice notes
Surveillance evidence in personal injury claimsOverviewIn civil proceedings, surveillance evidence is most commonly used by defendants in personal...
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Produced in partnership with David Willink of Lamb Chambers 16th May

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