Pre-action

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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
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
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
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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9th Nov
Practice notes
Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...
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9th Nov
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
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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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
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
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
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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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
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 Nov
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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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
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...
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9th Nov
Practice notes
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...
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Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 12th Jan

Most recent Pre-action content

Practice notes
On 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note introduces:•the General Data Protection Regulation, Regulation...
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Produced in partnership with Miriam Everett (Global Head of Data and Privacy, Partner), Julian Copeman (Partner) and Hannah Brown (Associate) of Herbert Smith Freehills 10th May
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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7th May
Practice notes
For guidance on coronavirus implications for dispute resolution in Scotland see Practice Note: Coronavirus (COVID-19) implications for dispute...
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Produced in partnership with Frank Hughes 6th May
Practice notes
For guidance on coronavirus implications for dispute resolution in Scotland see Practice Note: Coronavirus (COVID-19) implications for dispute...
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Produced in partnership with Sarah Phillips of Anderson Strathern 6th May
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 5th May
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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29th Apr
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which the...
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29th Apr
Practice notes
This Practice Note considers when non-compliance with a pre-action protocol or the Practice Direction Pre-Action Conduct and Protocols may result in a...
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29th Apr
Practice notes
STOP PRESS: A new RTA small claims protocol for whiplash claims comes into effect for accidents occurring on or after 31 May 2021. The small claims...
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Produced in partnership with Sue Brown 27th Apr
Practice notes
Pre-action costs—what are they?Prior to the commencement of litigation, parties may incur considerable costs for example:•taking detailed instructions...
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26th Apr
Q&As
RTA ProtocolThe Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA Protocol) applies to claims where the claimant...
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21st Apr
Q&As
We assume that the claim occurred post-April 2013.In Practice Note: The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic...
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21st Apr
Q&As
AnalysisThe circumstances envisioned in the question are provided for by pararagraph 6.15 of the Pre-Action Protocol for Low Value Personal Injury...
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Produced in partnership with David Willink of Lamb Chambers 21st Apr
Q&As
In these circumstances, a protective claim will have been issued under CPR 8 in accordance with CPR PD 8B, para 1.1(3) using the procedure in CPR PD...
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Produced in partnership with Christi Scarborough of 42 Bedford Row 21st Apr
Q&As
A second claim notification form (CNF) should not be submitted.The pre-action protocols for low value personal injury claimsMost personal injury...
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Produced in partnership with David Peter of Devereux Chambers 21st Apr
Q&As
Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...
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Produced in partnership with David Sawtell of 39 Essex Chambers 21st Apr
Q&As
We have assumed for the purposes of this Q&A that the claimant has not issued a claim form to the court in accordance with CPR Part 8 and CPR PD 8B...
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21st Apr
Practice notes
The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April 2013 onwardsSTOP PRESS: A new RTA small claims...
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Produced in partnership with Sue Brown 21st Apr

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