Pre-action

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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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26th Oct
Practice notes
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...
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Produced in partnership with Andrew Wilson 23rd Oct
Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Oct
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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2nd Oct
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 1st Oct
Practice notes
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...
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26th Sep
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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26th Sep
Practice notes
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...
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26th Sep
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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26th Sep
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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26th Sep
Practice notes
The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
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26th Sep
Practice notes
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...
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26th Sep
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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25th Sep
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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25th Sep
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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25th Sep
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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25th Sep

Most recent Pre-action content

Practice notes
The pre-action protocol for low value road traffic accident claims—30 April 2013 onwardsTHIS PRACTICE NOTE ONLY CONTAINS PROVISIONS EFFECTIVE AS AT 30...
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Produced in partnership with Sue Brown 25th Sep
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering package holiday claims. For...
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25th Sep
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 25th Sep
Practice notes
A third version of the Rehabilitation Code was published in September 2015 and became substantially operational on 1 December 2015.For the...
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25th Sep
Practice notes
This Practice Note deals with admissions prior to the issue of the claim form. For information on admissions after issue of the claim, see Practice...
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25th Sep
Practice notes
This Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to...
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25th Sep
Practice notes
BackgroundIn 1995, Lord Woolf at the outset of his review into the civil justice system of England and Wales identified that the key problems were...
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26th Sep
Practice notes
The Court’s background and nameSection 41 of the Court Reforms (Scotland) Act 2014 (‘The Act’) gave to Scottish Ministers the power to provide, by...
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26th Sep
Practice notes
THIS PRACTICE NOTE DEALS WITH PROVISIONS EFFECTIVE FROM 1 APRIL 2013. FOR CLAIM NOTIFICATION FORMS SENT ON OR AFTER 6 APRIL 2015, PLEASE REFER TO THE...
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26th Sep
Practice notes
ARCHIVED: This Practice Note covers the Rehabilitation Code 2007. This code has now been updated. For details of the revised code, see Practice Note:...
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26th Sep
Practice notes
Whiplash claims (also commonly referred to as soft tissue injury claims) are caused by an impact to a vehicle, which results in its sudden...
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26th Sep
Practice notes
The pre-action protocol for low value road traffic accident claims — 30 April 2013 onwardsTHIS PRACTICE NOTE ONLY CONTAINS PROVISIONS EFFECTIVE AS AT...
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Produced in partnership with Sue Brown 26th Sep
Practice notes
This Practice Note aims to provide an overview of the Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability)...
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26th Sep
Practice notes
ARCHIVED: This Practice Note is for historical reference. It considers pre-action behaviour in non-protocol cases under the Practice...
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26th Sep
Practice notes
This protocol applies to all personal injury claims where the injury is not the result of an accident but instead a disease or illness.Where a single...
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26th Sep
Practice notes
This Practice Note provides an overview of the Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims...
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26th Sep
Practice notes
THIS PROTOCOL ONLY APPLIES TO LOW VALUE RTA CASES WHERE THE CLAIM NOTIFICATION FORM IS SUBMITTED TO THE DEFENDANT'S INSURERS BEFORE 30 APRIL 2013.The...
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26th Sep
Practice notes
Note: this Practice Note deals with admissions prior to the issue of the claim form. For information on admissions after issue of the claim, see...
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26th Sep
Precedents
Private & confidential[insert name and address of client][insert date]Dear [insert name of client][insert case heading]As we have already discussed,...
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26th Sep
Precedents
ToDefendantDear [insert organisation name]Letter of NotificationRe: [Claimant’s Name, Address, DoB and NHS Number]We have been instructed to act on...
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26th Sep

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