Liability defences

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Practice notes
Motor claims in the Portal—a practical guide (Stage 1)The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April...
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Produced in partnership with Sue Brown 19th May
Practice notes
EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury...
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Produced in partnership with Sue Brown 19th 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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19th May
Practice notes
Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
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19th May
Practice notes
The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
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19th May
Practice notes
Future loss of earnings—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...
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19th May
Practice notes
Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
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19th May
Practice notes
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 19th May
Practice notes
Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
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19th May
Practice notes
Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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Produced in partnership with Louise Thomson 19th May
Q&As
Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...
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Produced in partnership with David Sawtell of 39 Essex Chambers 19th May
Q&As
What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...
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19th May
Practice notes
Loss of pension—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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19th May
Practice notes
Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
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19th May

Most recent Liability defences content

Practice notes
Contributory negligence in personal injury claimsA defendant must allege, plead and prove that the claimant contributed to their injury by failing to...
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6th Jul
Practice notes
Fraud in personal injury claims—remedies and consequencesDuties and responsibilities of parties and legal advisersPleadings—CPRBy CPR 16.5(2), where a...
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Produced in partnership with Andrew Wilson 22nd Jun
Q&As
Is there any case law regarding claimants tripping over debris in a private car park where an apportionment for contributory negligence was...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 8th Jun
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 5th Jun
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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5th Jun
Q&As
If in pre-proceedings liability was admitted in full, can a claim be defended based on contributory negligence post issue?Withdrawing the pre-action...
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5th Jun
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 5th Jun
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 5th Jun
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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5th Jun
Precedents
Defence alleging criminality[In the High Court of JusticeORIn the COUNTY COURT AT [insert]][[Specify division]][[Specify Specialist court]][[Insert...
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5th Jun
Precedents
Defence alleging contributory negligence in occupier's liability claim[In the High Court of JusticeORIn the COUNTY COURT AT [insert]][[Specify...
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5th Jun
Precedents
Defence alleging volenti non fit injuria in sporting injury claim[In the High Court of JusticeORIn the COUNTY COURT AT [insert]][[Specify...
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5th Jun
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...
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26th Sep
Precedents
1 For the purposes of this action only and no...
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26th Sep
Precedents
1 For the purposes of this...
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26th Sep

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