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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
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
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 12th Jan
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 12th Jan
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
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
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 12th Jan
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 12th Jan
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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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
Practice notes
The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...
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9th Nov

Most recent Portal claims content

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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5th Jan
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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5th Jan
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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5th Jan
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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8th Dec
Q&As
We have assumed that the claim is being pursued in accordance with the Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and...
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8th Dec
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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7th Dec
Q&As
Definition of a public liability claimThe Pre-action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims (the...
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7th Dec
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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7th Dec
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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7th Dec
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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7th Dec
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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7th Dec
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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7th Dec
Q&As
We refer you to Practice Note: The pre-action protocol for low value road traffic accident claims—30 April 2013 onwards and the link to the protocol...
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7th Dec
Q&As
The Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents sets out at para 4.5 the cases that are excluded.The protocol...
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7th Dec
Practice notes
Whiplash claims (also commonly referred to as soft tissue injury claims) are caused by an impact to a vehicle, which results in its sudden...
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7th Dec
Practice notes
THIS PROTOCOL ONLY APPLIES TO LOW VALUE RTA CASES WHERE THE CLAIM NOTIFICATION FORM IS SUBMITTED TO THE DEFENDANT'S INSURERS BEFORE 30 APRIL 2013.The...
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7th Dec

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