Proving negligence or breach of statutory duty

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a

Vicarious liability in road traffic accidents

Vicarious liability in road traffic accidentsIn the past, a defendant would only have been vicariously liable for the negligence of a driver if the driver was acting in the course of their employment for the defendant. The law has developed significantly since then. If the driver was not an employee

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 the claimant understands the danger of the situation and willingly consents to the risk of injury. In such circumstances, should injury occur, the

Personal injury claims involving a bankrupt or insolvent party

Personal injury claims involving a bankrupt or insolvent partyThis Practice Note is intended to highlight a range of issues which arise in personal injury claims where either the claimant or defendant becomes insolvent.It is important first to distinguish between two distinct but related concepts.A