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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
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 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
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 9th Nov
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 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
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 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
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
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
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
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 Portal claims content

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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1st Oct
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
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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29th 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
Low value road traffic accident and employer’s/public liability claims in which liability is admitted proceed through the Ministry of Justice Portal....
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Produced in partnership with Daniel Laking of Temple Garden Chambers 28th Sep
Q&As
Where claims have started in the road traffic accident (RTA) portal, the relevant section of the RTA protocol is para 5.7, which states as...
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28th Sep
Q&As
We assume that the claim occurred post-April 2013.In The pre-action protocol for low value road traffic accident claims—30 April 2013 onwards, it’s...
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28th Sep
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 28th Sep
Q&As
RTA ProtocolThe pre-action protocol for low value personal injury claims in road traffic accidents (‘the RTA Protocol’) applies to claims where the...
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28th Sep
Q&As
What happens when a claimant dies?Where a party to a claim dies but the cause of action survives, the claim does not abate by reason of the death. See...
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28th Sep
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 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

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