Personal injury protocols

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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
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 9th Nov
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
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 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 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
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
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
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 9th Nov
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 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 Louise Thomson 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 Personal injury protocols content

Practice notes
For general information on the Practice Direction Pre-Action Conduct and Protocols, as well as the various pre-action protocols, see Practice...
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27th Nov
Precedents
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 UK...
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Produced in partnership with David Robinson of Thompsons Solicitors 25th Nov
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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20th Nov
Precedents
ToDefendantDear SirsLetter of Claim[insert claimant’s name] v [insert defendant’s name]We have been instructed to act on behalf of [insert claimant’s...
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19th Nov
Practice notes
Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation...
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19th Nov
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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13th Nov
Practice notes
Note: A new version of the protocol applies from 6 April 2015. For the post-6 April 2015 Pre-Action Protocol, see Practice Note: The pre-action...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 12th Oct
Precedents
Dear [insert expert’s name]Re: [insert name of client and the client’s date of birth, address and telephone number]Date of accident: [insert date of...
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Produced in partnership with Marcus Weatherby 30th Sep
Practice notes
Pre-action protocol for low value personal injury (employers' liability and public liability) claimsThe protocol applies to all claims where:•either...
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30th Sep
Practice notes
THIS PRACTICE NOTE ONLY CONTAINS PROVISIONS EFFECTIVE AS AT 30 APRIL 2013 ONWARDSThe revised pre-action protocol for low value personal injury claims...
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30th Sep
Practice notes
The Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (the EL/PL protocol) applies to claims valued...
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30th Sep
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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30th Sep
Q&As
Pre-action protocols for low value claimsRTA protocolThe protocol applies to all road traffic accident (RTA) claims where:•the claim includes damages...
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28th Sep
Q&As
Pre-action protocols for low value claims (RTA or EL/PL)RTAThe protocol applies to all road traffic accident (RTA) claims:•where the claim includes...
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28th Sep
Q&As
Technically, police officers are not employees, but office-holders. However, under section 88 of the Police Act 1996 (PA 1996), the Chief Constable of...
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28th Sep
Q&As
There are two pre-action protocols which require claims within their scope to be submitted via the claims portal. These are the pre-action protocol...
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Produced in partnership with Christi Scarborough of 42 Bedford Row 28th Sep
Q&As
For the purposes of this Q&A, it is assumed that the Portal referred to is the Pre-Action Protocol for Low Value Personal Injury Claims in Road...
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Produced in partnership with Daniel Laking of Temple Garden Chambers 28th Sep

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