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...
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...
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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...
We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and...
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...
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...
Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
Group Litigation Orders—introductionWhat is a group litigation order?Multiple claims can be managed by the court under a group litigation order (GLO)....
When requesting a third party’s name or address for litigation purposes in a personal injury matter, I used to do this in accordance with section 35...
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...
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...
Assumption of risk in sports and leisure claimsMany sports and leisure activities carry an inherent risk of injury. Participating in an extreme sport...
Causation and material contribution in PI claimsOriginally produced in partnership with David Robinson of Thompsons Solicitors. Updated in partnership...
Duty of care in personal injury claimsThis Practice Note will consider the common law duty of care. For information on statutory duties, see Practice...
Did the breach of duty cause damage?—personal injury claimsEstablishing the causal linkThe starting point in establishing the causal link is the 'but...
Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...
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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