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Qualified one-way costs shifting (QOCS)

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

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense

Past loss of earnings

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

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public

Practice notes

Motor insurance

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

26th Oct

Practice notes

Vicarious liability in the course of employment—the close connection test

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...

Produced in partnership with Andrew Wilson 23rd Oct

Practice notes

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

9th Oct

Practice notes

Smith v Manchester awards

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,...

2nd Oct

Practice notes

Personal injury experts

Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...

Produced in partnership with Ian Huckstepp of IRH Solicitors 1st Oct

Practice notes

Psychiatric injury—secondary victims

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...

26th Sep

Practice notes

Collateral benefits and double recovery

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...

26th Sep

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

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...

26th Sep

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

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...

26th Sep

Practice notes

Provisional damages

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...

26th Sep

Practice notes

Was the damage foreseeable?

The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...

26th Sep

Practice notes

What is fundamental dishonesty?

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...

26th Sep

Practice notes

Fraud, exaggeration and LVIs in personal injury claims

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...

25th Sep

Practice notes

Catastrophic injury claims—heads of claim

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...

25th Sep

Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

25th Sep

Practice notes

Low Velocity Impact RTAs—in detail

IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...

25th Sep

Most recent Service content

Practice notes

Serving the claim form under the Companies Act 2006

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering service out of the...

25th Sep

Practice notes

Service out of the jurisdiction—documents other than the claim form

ClaimantIf a party has given an address for service in Scotland or Ireland, permission to serve out of the jurisdiction is not required (CPR...

25th Sep

Practice notes

Brussels I (recast)—CPR service provisions [Archived]

ARCHIVED: This Practice Note has been archived as it explains the changes to CPR 6 when Regulation (EU) 1215/2012, Brussels I (recast) came into force...

26th Sep

Practice notes

Service of the claim form—personal service (CPR 6.5)

Coronavirus (COVID-19): no changes have been announced to relax the service requirements in CPR 6. Therefore, the use of personal service when...

26th Sep

Practice notes

Service of the claim form in the jurisdiction—deemed service (CPR 6.14)

This Practice Note considers what is meant by the phrase ‘deemed service’ in CPR 6.14 and its purpose when considered alongside the validity period of...

26th Sep

Practice notes

Service of the claim form in the jurisdiction—no service address has been provided (CPR 6.9)

Can I still serve the claim form?Yes. The claim form can be served. CPR 6.9(1) provides that where the defendant has not given an address for service,...

26th Sep

Practice notes

Witness evidence—service

Serving witness statementsIf you wish to rely on witness evidence, it must be set out in a witness statement, which must be served within the time...

26th Sep

Practice notes

Serving documents—excluding the claim form and defence

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering service of documents. For...

26th Sep

Practice notes

Certification of service of the claim form (CPR 6.17)

This Practice Note provides guidance on the certificate of service of the claim form (Form N215). It looks at why it is required, what information it...

27th Sep

Q&As

X has a long lease in a block of flats. X is abroad (unknown location), but has email addresses, though he infrequently responds to emails. X’s flat is furnished but unlet and unoccupied. X has over £10,000 of service charge arrears. X refuses to engage with the freeholder via the management company. The management company now want to take action. Given that X is the leasehold owner of the flat, can a claim be served at his flat and via email, despite knowledge he is abroad, though details of his location are unknown?

The terms of the long lease should be checked as this may specifically state the address at which all notices must be given (which would normally be...

Produced in partnership with Philip Roberts of Clarke Willmott LLP 28th Sep

Q&As

We do not know the defendant's address for service but the solicitor who acts for the defendant’s insurer is aware of the address. Can an application be made for alternative service to serve the claim form on the defendant’s solicitor or insurer on the basis they will bring it to the defendant’s attention? Is there any case law on this area?

Service of the claim form in the jurisdictionIn general, the obligation is on the claimant to include in the claim form an address at which the...

Produced in partnership with David Willink of Lamb Chambers 28th Sep

Q&As

Service—what if the defendant has moved?

If the claimant has reason to believe that the defendant is no longer at the address they have for the defendant, reasonable steps must be taken to...

28th Sep

Q&As

The court has served the claim form by mistake. What can I do?

Where a court serves a claim form by mistake, eg if the claimant has specifically stated that they intend to serve the claim form themselves, service...

28th Sep

Q&As

I need to serve a claim form in an EU Member State. Given coronavirus (COVID-19), what do I need to think about? What are likely to be barriers in being able to effect valid service?

The first point to note is that service in accordance with the provisions of Regulation (EC) 1393/2007, the Service Regulation is mandatory, and it is...

Produced in partnership with Ryan Hocking of Hardwicke Chambers 28th Sep

COVID-19

Q&As

How do I serve court proceedings on an individual in prison?

Service of the claim form should be conducted under CPR 6 (see Further Reading Link: Halsbury's Laws). Note: If the Governor of the prison were to...

28th Sep

Q&As

Where a defendant has been in an unknown prison and it is not clear whether they remain in prison or have been released, is it possible to serve on the defendant’s insurers or should service be on the defendant’s solicitors?

This Q&A considers the service of a claim form in the jurisdiction on a defendant who has not provided an address for service.Is the dispute one under...

28th Sep

Q&As

Under the CPR rules I need to effect personal service. Is this being relaxed due to coronavirus (COVID-19)? What happens if I cannot serve on the defendant personally?

At the time of publishing, the Master of the Rolls has issued three updates (numbers 116–118) which modify provisions of the CPR to reflect the impact...

Produced in partnership with Sarah Clarke of Hardwicke Chambers 28th Sep

COVID-19

Q&As

Can I serve a claim form by email if a defendant is domiciled in two different countries due to work commitments?

When seeking to serve a document in proceedings, Part 6 of the Civil Procedure Rules (CPR) sets out the methods of service and the places at which the...

28th Sep

COVID-19

Q&As

Where a claim form was received by the court on 11 May 2018 and issued on 21 June 2018, when is the last day for service of the claim form?

A claim form is valid from the day it is issued and remains valid for a set period of time known as the validity period. It is during this period that...

28th Sep

Q&As