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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
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
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
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
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
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 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 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 Q&As content

Q&As
As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State and its relationship with the EU is governed by the Withdrawal...
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27th Jan
Q&As
At common law, foreign law is generally a matter of fact that must be proved by an expert witness (and where necessary a translator or interpreter)....
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27th Jan
Q&As
The first point to note is that the US is not a signatory to any convention or treaty in relation to the enforcement of foreign judgments. The...
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26th Jan
Q&As
This Q&A considers the process for serving court proceedings issued in the courts of England and Wales out of the jurisdiction on a defendant in...
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26th Jan
Q&As
The regulation referred to in this Q&A is Council Regulation (EC) No. 805/2004 creating a European Enforcement order for uncontested claims. This is...
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26th Jan
Q&As
This Q&A considers the process for enforcing a personal guarantee and does not set out considerations to be taken into account when determining...
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26th Jan
Q&As
The quick answer is yes.To enforce a judgment quickly, you will need to obtain a European Enforcement Order (EEO) certificate from the court in which...
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26th Jan
Q&As
The court’s discretion to strike out a case as an abuse of process under CPR 3.4(2)(b) incorporates a number of different rules, including those that...
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Produced in partnership with Ali Tabari of St Philips Chambers 25th Jan
Q&As
The court has the power to stay the whole or part of any proceedings or judgment either generally or until a specified date or event under CPR...
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22nd Jan
Q&As
When an individual dies they are considered to have made a 'transfer of value' equal to the value of their estate immediately before death. This...
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22nd Jan
Q&As
The rules regarding amendments to statements of case (which includes a claim form, CPR 2.3(1)) are set out in CPR Part 17 and the accompanying...
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18th Jan
Q&As
In CPR 2.3(1), 'statement of case':‘(a) means a claim form, particulars of claim where these are not included in a claim form, defence, Part 20 claim,...
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18th Jan
Q&As
In conducting the research for this Q&A, we have focused on amending statements of case and on mistake in contract.Amending a statement of caseCPR...
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18th Jan
Q&As
Amending a statement of caseA party can amend its statement of case after it has been served:•with the written consent of all the parties (CPR...
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18th Jan

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