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Qualified one-way costs shifting (QOCS)

What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public

Practice notes

Motor insurance

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

26th Oct

Practice notes

Vicarious liability in the course of employment—the close connection test

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...

Produced in partnership with Andrew Wilson 23rd Oct

Practice notes

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

9th Oct

Practice notes

Smith v Manchester awards

The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...

2nd Oct

Practice notes

Personal injury experts

Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...

Produced in partnership with Ian Huckstepp of IRH Solicitors 1st Oct

Practice notes

Psychiatric injury—secondary victims

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...

26th Sep

Practice notes

Collateral benefits and double recovery

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...

26th Sep

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...

26th Sep

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

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...

26th Sep

Practice notes

Provisional damages

Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...

26th Sep

Practice notes

Was the damage foreseeable?

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

26th Sep

Practice notes

What is fundamental dishonesty?

This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...

26th Sep

Practice notes

Fraud, exaggeration and LVIs in personal injury claims

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...

25th Sep

Practice notes

Catastrophic injury claims—heads of claim

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...

25th Sep

Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

25th Sep

Practice notes

Low Velocity Impact RTAs—in detail

IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...

25th Sep

Most recent Evidence and disclosure content

Practice notes

Disclosure—redaction

Redaction is the process by which text is obscured or 'masked'. This can be a means of seeking to maintain the confidentiality of information, most...

25th Sep

Practice notes

Timetable for disclosure—Business and Property Courts disclosure pilot

Business and Property Courts—the disclosure pilot The disclosure pilot scheme commenced on 1 January 2019 and will run for two years....

25th Sep

Practice notes

Verification of documents and information

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in response to the COVID-19...

25th Sep

Practice notes

Privilege—solicitor and client confidence

This Practice Note looks at privilege and confidential information in the context of a client-solicitor relationship where that solicitor-client...

25th Sep

Practice notes

Privilege—general principles

This Practice Note considers the general principles, meaning and rationale behind privilege. It identifies the different types of privilege, including...

25th Sep

In-house

Practice notes

Duties of an expert

Key principlesCivil Procedure Rule (CPR) 35.3 makes clear that an expert is under a duty to assist the court on matters within his or her area of...

25th Sep

Practice notes

Electronic disclosure—CPR Practice Direction 31B on e-disclosure

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

25th Sep

Practice notes

Authenticity of disclosed documents—CPR 32.19

This Practice Note considers the deemed authenticity of disclosed documents under CPR 32.19 the burden of proving the authenticity of a document, when...

25th Sep

Practice notes

Disclosure—reviewing the documents

GeneralThis is the process whereby you review the documentary evidence and decide what documents should be disclosed. To do this effectively and...

25th Sep

Practice notes

Disclosure—solicitors' obligations

Note: this Practice Note does not cover the provisions of the disclosure pilot scheme in the Business and Property Courts under CPR PD 51U in force as...

25th Sep

Practice notes

Electronic disclosure—frequently asked questions

This Practice Note should be read in conjunction with Practice Note: Introduction to electronic disclosure.'Electronic disclosure' is the proper...

25th Sep

Practice notes

Hot-tubbing (Concurrent expert evidence)

What is hot-tubbing?Concurrent expert evidence ('CEE'), or 'hot-tubbing' as it is colloquially known, is a procedure at trial whereby experts in any...

25th Sep

Practice notes

Certified copy requirements in commercial transactions

This practice note examines what a certified copy is, when a certified copy is required, who can certify a document and what format the certification...

25th Sep

In-house

Practice notes

Public interest immunity

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering public interest...

25th Sep

Practice notes

Closed Material Procedure

This Practice Note considers the Closed Material Procedure (CMP) which allows the state to disclose sensitive material to the judge without having to...

25th Sep

Practice notes

Introduction to electronic disclosure

'Electronic disclosure' is the proper management of large volumes of electronically stored information (ESI) whether encountered in a pre-action or...

25th Sep

Practice notes

Electronic disclosure—Electronic Documents Questionnaire (EDQ)

This Practice Note should be read in conjunction with Practice Note: Electronic Documents Questionnaire (EDQ)—frequently asked questions.Note: This...

25th Sep

Practice notes

Exhibits to witness statements and affidavits

This Practice Note focuses on exhibits to factual witness statements and affidavits. It explains what an exhibit is and sets out practical...

25th Sep

Practice notes

Extraterritorial disclosure—post-judgment

This Practice Note considers how a judgment creditor can obtain information about a judgment debtor's assets that are located overseas....

25th Sep

Practice notes

Pre-action disclosure—the application

This Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to...

25th Sep