Personal injury protocols

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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
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
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
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
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 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
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 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
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
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...
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9th Nov
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
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...
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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 Personal injury protocols content

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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4th Mar
Precedents
ToDefendantDear [insert organisation name]Re: [insert claimant's full name][insert claimant's full address][insert claimant's clock or works...
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4th Mar
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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4th Mar
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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4th Mar
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.Note: A new version of the protocol applies from 6 April 2015. For the post-6...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 4th Mar
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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4th Mar
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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3rd Mar
Q&As
The system for handling low value personal injury cases was introduced for motor claims on 30 April 2010. Its aim was to introduce a streamlined...
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3rd Mar
Practice notes
THIS PRE-ACTION PROTOCOL CAME INTO FORCE ON 6 APRIL 2015. To view a copy of the pre-action personal injury protocol—pre-6 April 2015, see Practice...
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3rd Mar
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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3rd Mar
Q&As
Scope of the protocolThe Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (the EL/PL Protocol)...
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3rd Mar
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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Produced in partnership with Sue Brown 3rd Mar
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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3rd Mar
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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3rd Mar
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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3rd Mar
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 3rd Mar
Precedents
To [Defendant]Dear SirsDefendant's Booking Reference:Claimant's full name and address:Dates of Holiday:Name of Hotel/Resort and board basis:Room...
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2nd Mar
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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2nd Mar

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