Proving negligence or breach of statutory duty

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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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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
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
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 19th May
Practice notes
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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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
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
Practice notes
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 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
Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial...
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19th May
Practice notes
Military claimsBackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown...
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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 Proving negligence or breach of statutory duty content

Practice notes
Group Litigation Orders—introductionWhat is a group litigation order?Multiple claims can be managed by the court under a group litigation order (GLO)....
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Produced in partnership with Andrew Wilson 22nd Jul
Practice notes
Group Litigation Orders—procedureWho may apply for a group litigation order and when?It is worth noting that, subject to obtaining the appropriate...
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Produced in partnership with Andrew Wilson 22nd Jul
Practice notes
Breach of the duty of care in personal injury claimsThe reasonable person testOnce a court has determined that a common law duty of care exists...
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20th Jul
Practice notes
Bringing a claim—breach of statutory dutyA personal injury claim based on a breach of a statutory duty may be possible against any entity that is...
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19th Jul
Practice notes
The duty of candourIn June 2010, a full public inquiry into the Mid Staffordshire Foundation NHS Trust was announced. This was following concerns...
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24th Jun
Practice notes
Indemnity in personal injury claimsThis Practice Note is not confined to the strict definition of indemnity. In some personal injury cases,...
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16th Jun
Q&As
Can you pursue a claim for personal injury against a child as a defendant, either in their own name or against their parent?Child defendantsAlthough a...
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5th Jun
Q&As
Do you need a trial bundle for a small claim?The provisions of CPR PD 39A (which provide for a trial bundle and the requirements it must fulfil) do...
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Produced in partnership with David Green of 12 King's Bench Walk 5th Jun
Q&As
Where a claimant has obtained default judgment pursuant to CPR 12.4(1) will the court order a disposal hearing or allocate the case to a track and...
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5th Jun
Q&As
Is it possible to make a claim for injury to a foetus (at four weeks gestation) after mother was involved in a road traffic accident (RTA)? The child...
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Produced in partnership with David Green of 12 King's Bench Walk 5th Jun
Q&As
Is there any case law or guidance on the relevant legal considerations when deciding whether an employer may be liable for a bookshelf falling on a...
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Produced in partnership with Peter Edwards of Devereux Chambers 5th Jun
Q&As
What Precedents do you have to assist with the preparation of a witness statement in a personal injury claim?Precedent: Witness statement—generic...
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5th Jun
Practice notes
Personal injury claims involving a bankrupt or insolvent partyThis Practice Note is intended to highlight a range of issues which arise in personal...
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Produced in partnership with Phillip Patterson of Hardwicke Chambers 5th Jun
Practice notes
Assumption of risk in sports and leisure claimsMany sports and leisure activities carry an inherent risk of injury. Participating in an extreme sport...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 5th Jun
Practice notes
Causation and material contribution in PI claimsOriginally produced in partnership with David Robinson of Thompsons Solicitors. Updated in partnership...
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5th Jun
Practice notes
Duty of care in personal injury claimsThis Practice Note will consider the common law duty of care. For information on statutory duties, see Practice...
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5th Jun
Practice notes
Did the breach of duty cause damage?—personal injury claimsEstablishing the causal linkThe starting point in establishing the causal link is the 'but...
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5th Jun
Practice notes
Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...
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5th Jun
Practice notes
Proving negligence—duty of care and the assumption of riskIn the vast majority of cases, practitioners will have very little difficulty in identifying...
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Produced in partnership with Andrew Wilson 5th Jun

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