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Practice notes
Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...
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19th May
Practice notes
Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
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19th May
Practice notes
What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...
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19th May
Practice notes
The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
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19th May
Practice notes
Future loss of earnings—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...
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19th May
Practice notes
Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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19th May
Practice notes
Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
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19th May
Practice notes
Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
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19th May
Practice notes
The court’s power to extend the time limit—section 33 of the Limitation Act 1980The Limitation Act 1980 is referred to as LA 1980.The power to...
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19th May
Practice notes
Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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19th May
Practice notes
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
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19th May
Practice notes
Fixed costs in road traffic accident claimsPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to...
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19th May

Most recent Portal claims content

Practice notes
Fixed costs in road traffic accident claimsSTOP PRESS: A new RTA small claims protocol for whiplash claims comes into effect for accidents occurring...
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19th Jul
Practice notes
Fixed costs in employer liability and public liability claimsFixed costs under the Pre-Action Protocol for Low Value Personal Injury (Employers’...
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16th Jun
Q&As
How is interest on special damages calculated in personal injury claims, where the claim is a portal claim and it will not be issued in court?Low...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 5th Jun
Q&As
In a portal claim, if the defendant increases their offer after the Court Proceedings Pack is sent to them, but within the 35-day consideration period...
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5th Jun
Q&As
When taking over a claim from another firm of solicitors which started in the portal but subsequently fell out prior to taking over the claim, does a...
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Produced in partnership with David Peter of Devereux Chambers 5th Jun
Q&As
In personal injury claims, where the award for damages falls under the £1,000 mark, does the claim fall out of the protocol and thus fixed costs...
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5th Jun
Q&As
In a road traffic accident claim where the claim is proceeding in the portal, does the section 152 notice need to be sent to the defendant’s insurers...
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Produced in partnership with David Sawtell of 39 Essex Chambers 5th Jun
Q&As
What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...
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5th Jun
Q&As
Do you have any information about the procedure for submitting MIB cases through the RTA portal?The Pre-action Protocol for Low Value Personal Injury...
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5th Jun
Q&As
Should claims arising from defective products be submitted through the claims portal?There are two pre-action protocols which require claims within...
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Produced in partnership with Christi Scarborough of 42 Bedford Row 5th Jun
Q&As
Does the personal injury pre-action protocol regarding the instruction of an expert apply where the defendant has denied liability?Paragraphs 7.1–7.7...
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Produced in partnership with David Green of 12 King's Bench Walk 5th Jun
Q&As
What costs am I entitled to claim for a post-July 2013 RTA matter where, under the MoJ portal, damages will exceed £25000?We refer you to Practice...
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5th Jun
Q&As
Does the Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims apply to claims of unlawful...
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5th Jun
Q&As
Should claims against the police be submitted through the claims portal?Technically, police officers are not employees, but office-holders. However,...
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5th Jun
Q&As
If a defendant is disputing limitation in an RTA portal claim, should it contest jurisdiction on the acknowledgement of service?We assume that the...
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5th Jun

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