Proving negligence or breach of statutory duty

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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
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Nov
Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
Practice notes
General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...
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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%. The new discount rate came into effect on 5...
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Produced in partnership with Andrew Wilson 12th Jan
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
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
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan
Practice notes
DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...
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Produced in partnership with Andrew Wilson 12th Jan
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
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
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
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...
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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%. The new discount rate came into effect on 5...
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Produced in partnership with Louise Thomson 12th Jan
Practice notes
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov
Practice notes
The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...
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9th Nov

Most recent Proving negligence or breach of statutory duty content

Practice notes
Balance of probabilitiesThe claimant must prove that, on the balance of probabilities, the defendant has been negligent or has breached their...
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15th Apr
Practice notes
The reasonable person testOnce a court has determined that a common law duty of care exists between the parties, the next stage is for the claimant to...
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15th Apr
Practice notes
In June 2010, a full public inquiry into the Mid Staffordshire Foundation NHS Trust was announced. This was following concerns about standards of care...
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14th Apr
Practice notes
In the vast majority of cases, practitioners will have very little difficulty in identifying a person (or entity) who owed a duty of care to the...
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Produced in partnership with Andrew Wilson 9th Apr
Practice notes
Originally produced in partnership with David Robinson of Thompsons Solicitors. Updated in partnership with Andrew Wilson.See Practice Note: Did the...
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9th Apr
Practice notes
Establishing the causal linkThe starting point in establishing the causal link is the 'but for' test, which requires the court to consider: but for...
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9th Apr
Practice notes
Many sports and leisure activities carry an inherent risk of injury. Participating in an extreme sport or leisure activity can make it alluring and...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 9th Apr
Practice notes
On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) re-wrote section 47 of the Health and Safety at Work etc...
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9th Apr
Practice notes
This Practice Note will consider the common law duty of care. For information on statutory duties, see Practice Note: Breach of statutory duty and the...
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9th Apr
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 Apr
Practice notes
What is a group litigation order?Multiple claims can be managed by the court under a group litigation order (GLO). GLOs may be made, before or after...
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Produced in partnership with Andrew Wilson 8th Apr
Practice notes
This Practice Note sets out with a very brief summary the key health and safety regulations that currently apply in England and Wales. These...
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18th Mar
Q&As
Section 1(1) of the Congenital Disabilities (Civil Liability) Act 1976 (CD(CL)A 1976) permits an action to be brought by (or on behalf of) a child...
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Produced in partnership with David Green of 12 King's Bench Walk 18th Mar
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering road traffic accidents. This Practice Note is in the process of...
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4th Mar
Practice notes
This Practice Note is intended to highlight a range of issues which arise in personal injury claims where either the claimant or defendant becomes...
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Produced in partnership with Phillip Patterson of Hardwicke Chambers 3rd Mar
Practice notes
IntroductionThis Practice Note is provided specifically to set out the fundamental change to workplace accident claims brought about by the enactment...
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26th Feb
Practice notes
Who may apply for a group litigation order and when?It is worth noting that, subject to obtaining the appropriate consent (on which see: Application...
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Produced in partnership with Andrew Wilson 24th Feb
Q&As
The Provision and Use of Work Equipment Regulations 1998 (PUWER 1998), SI 1998/2306 apply to work equipment used by an employee when working at home....
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Produced in partnership with Peter Edwards of Devereux Chambers 15th Feb
Q&As
Setting aside default judgmentWhere a claimant has obtained default judgment, a defendant may still wish to defend the claim. To do so, the default...
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15th Feb
Q&As
The provisions of CPR PD 39A (which provide for a trial bundle and the requirements it must fulfil) do not apply to small claims trials by operation...
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Produced in partnership with David Green of 12 King's Bench Walk 15th Feb

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