Liability defences

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Liability defences guidance:

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

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents

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

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

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

Basic principles The basic principles of mitigation are: • damages cannot be recovered in respect of losses which could have been avoided by taking reasonable measures to...

Practice Note

If this question is answered in the affirmative, the defendant may have a complete defence to any claim brought against them. This defence is commonly known as 'ex turpi...

Practice Note