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Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
Practice notes
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,...
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9th Nov
Practice notes
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...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
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...
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9th Nov
Practice notes
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...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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Produced in partnership with Andrew Wilson 12th Jan
Precedents
Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...
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9th Nov
Practice notes
The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
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9th Nov
Practice notes
Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...
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9th Nov
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
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9th Nov

Most recent Brexit content

Practice notes
This Practice Note sets out the changes to the Civil Procedure Rules set out in The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019,...
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18th Jan
Practice notes
This Practice Note considers the rules of dealing with the recognition and enforcement of judgments as they will apply between the UK’s departure from...
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18th Jan
Practice notes
This Practice Note considers the rules of service as they will apply in the time period between the UK ‘s departure from the EU on 31 January 2020 and...
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18th Jan
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note has been produced in partnership with Guy Pendell, Liz...
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18th Jan
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the impact that Brexit will have on the service of...
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18th Jan
Practice notes
ARCHIVED: This Practice Note covers the situation where the UK and the EU do not reach an agreement for the enforcement of judgments following the UK...
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Produced in partnership with Angharad Parry of 20 Essex Street 18th Jan
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note covers the situation where the UK and the EU do not reach an...
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18th Jan
Practice notes
This Practice Note considers the rules for determining the applicable law, also known as governing law, as they will apply between the UK’s departure...
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18th Jan
Practice notes
ARCHIVED: This Practice Note covers the situation where the UK and the EU do not reach an agreement for the service of documents following the UK...
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18th Jan
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note covers the situation where the UK and the EU do not reach an...
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18th Jan
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. The UK and EU’s specific proposals for dealing with jurisdiction of disputes...
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18th Jan
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note covers the situation at the end of the implementation period...
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18th Jan
Practice notes
This Practice Note considers the rules for determining which court has jurisdiction as they will apply between the UK’s departure from the EU on 31...
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18th Jan
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. The UK and EU’s specific proposals for dealing with the enforcement of judgments...
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18th Jan
Practice notes
This Practice Note provides information and guidance on the implementation period and its effect on EU law and UK legislation derived from EU law. It...
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16th Jan
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Kieran Laird of Gowling WLG 13th Jan
Practice notes
This Practice Note discusses the impact of Brexit on the general processing of personal data under the General Data Protection Regulation, Regulation...
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11th Jan
Q&As
Retained EU law is a legal concept describing EU-derived legislation, rights and principles the UK plans to preserve in UK law after Brexit. It is a...
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Produced in partnership with Mathias Cheung of Atkin Chambers 11th Jan
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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11th Jan
Q&As
This question relates to the European Communities (Rights Against Insurers) Regulations 2002 (EC(RAI) Regs 2002), SI 2002/3061 legislation introduced...
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Produced in partnership with Andrew Wilson 8th Jan

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