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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
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
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
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
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
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
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
The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
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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
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
What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...
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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
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

Most recent Q&As content

Q&As
This Q&A assumes the reference is to the issue fee paid in accordance with Fee 1 in Schedule 1 to the Civil Proceedings Fees Order 2008 (CPFO 2008),...
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7th May
Q&As
A lease may contain an option to renew, giving the tenant the right to demand a further term on expiry of the existing one. An option to renew is...
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28th Apr
Q&As
Limitation in noise-induced hearing loss claimsTinnitus can cause some confusion in considering limitation. For further guidance, see Practice Note:...
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27th Apr
Q&As
Future loss of earnings for self-employed personsWhen the medical evidence demonstrates that the claimant is unlikely to work again, the court's task...
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27th Apr
Q&As
The short answer is that a party cannot make a claim for costs up to the date of the CMC.Purpose of CPR 3.14The purpose of the provision in CPR 3.14...
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26th Apr
Q&As
This question relates to the European Communities (Rights Against Insurers) Regulations 2002 (EC(RAI) Regs 2002), SI 2002/3061 legislation introduced...
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Produced in partnership with Andrew Wilson 22nd Apr
Q&As
The rules regarding service of proceedings out of the jurisdiction are set out in CPR 6.30–CPR 6.47, and include rules about when the permission of...
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22nd Apr
Q&As
The Council of Bureaux is the organisation acting for the protection of the victims of cross-border road traffic accidents.It achieves this by...
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Produced in partnership with Andrew Wilson 22nd Apr
Q&As
Generally, in claims allocated to the small claims track, the parties bear their own costs. This is provided for in CPR 27.14.CPR 27.14 states that in...
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Produced in partnership with Alexander Campbell of Field Court Chambers 21st Apr
Q&As
Motor Insurers' Bureau as defendantWhere the driver of a vehicle who causes an accident cannot be identified, eg following a 'hit and run' accident,...
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21st Apr
Q&As
The MIB Uninsured Agreement 2015, which applies to accidents that have occurred on or after 1 August 2015, has less obligations and conditions than...
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21st Apr
Q&As
RTA ProtocolThe Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA Protocol) applies to claims where the claimant...
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21st Apr
Q&As
Section 1(1) of the Congenital Disabilities (Civil Liability) Act 1976 (CD(CL)A 1976) permits an action to be brought by (or on behalf of) a child...
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Produced in partnership with David Green of 12 King's Bench Walk 21st Apr

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