Proving negligence or breach of statutory duty

Proving negligence or breach of statutory duty guidance:

Many sports and leisure activities carry an inherent risk of injury. Participating in an extreme sport or leisure activity can make it alluring and exciting; but even...

Practice Note

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 Act 1974 (HSWA 1974)....

Practice Note

The reasonable person test Once a court has determined that a common law duty of care exists between the parties, the next stage is for the claimant to prove that it has...

Practice Note

Balance of probabilities The claimant must prove that, on the balance of probabilities, the defendant has been negligent or has breached their statutory duties. Proof on...

Practice Note

Originally produced in partnership with David Robinson of Thompsons Solicitors. Updated in partnership with Andrew Wilson. See Practice Note: Did the breach of duty cause...

Practice Note

Establishing the causal link The starting point in establishing the causal link is the 'but for' test, which requires the court to consider: but for the breach of the...

Practice Note

PRIVATE & CONFIDENTIAL [insert name and address of client] [insert date] Dear [insert name] The court has now given directions to the parties setting out the steps...

Precedents

Examples of established relationships For a claimant to succeed in proving their claim in common law negligence they must first prove that the defendant owed them a duty...

Practice Note

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 the commencement of...

Practice Note

Who may apply and when? It is worth noting that, subject to obtaining the appropriate consent (discussed below), the court has the power to order a GLO of its own...

Practice Note

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For guidance, see Practice...

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

Our Client: [name of claimant or defendant] Accident on [date]. We are instructed by [name of claimant or defendant] We understand that you were a witness to the above...

Precedents

This 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...

Practice Note

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 claimant and who...

Practice Note

This Practice Note is provided specifically to set out the fundamental change to workplace accident claims brought about by the enactment of section 69 of the Enterprise...

Practice Note

This Practice Note sets out with a very brief summary the key health and safety regulations that currently apply in England and Wales. These regulations are relevant to...

Practice Note

In June 2010, a full public inquiry into the Mid Staffordshire Foundation NHS Trust was announced. This was following concerns about standards of care at the Trust, and...

Practice Note

The concept of foreseeability and remoteness Even if the claimant proves: • that the defendant acted negligently (ie in breach of duty), and • that the negligence was in...

Practice Note
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