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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
Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
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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
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 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
Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
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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
Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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Produced in partnership with Renée Wood 19th May
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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19th May
Practice notes
Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial...
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19th May
Practice notes
Military claimsBackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown...
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19th May
Practice notes
Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
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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 Service content

Q&As
What is the procedure to effect service of English proceedings in Japan?Guidance relating to service outside England and Wales can be found in...
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5th Jun
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:...
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5th Jun
Q&As
What do I need to consider if seeking to serve a claim form on a dissolved company?Companies Act 2006 considerationsA dissolved corporate body ceases...
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5th Jun
Q&As
How do I serve a warrant of committal on a respondent resident in Italy?Where the court makes a committal order, the order is for the issue of a...
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5th Jun
Q&As
Is there an official document which sets out the position of Bulgaria regarding the EU Service Regulation. Is it a signatory and do any...
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5th Jun
Q&As
Is court permission to serve out required to serve a claim form in the USA?A claim form can only be served outside England and Wales without the...
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5th Jun
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...
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5th Jun
Q&As
Can you serve a claim form against someone where their usual residence is a static caravan? If the caravan doesn't have a postcode, would this affect...
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Produced in partnership with David Willink of Lamb Chambers 5th Jun
Q&As
Is permission required to serve proceedings in Guernsey?We have assumed that the proceedings have been issued in the courts of England and...
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5th Jun
Q&As
Do I need to serve an original claim form or can I serve a copy?There are no express provisions in the CPR as to whether the original sealed claim...
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5th Jun
Q&As
If a United States of America law firm provides written confirmation of their authority to accept service would service constitute good service or is...
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5th Jun
Q&As
When serving a Part 7 claim form in the jurisdiction, do I need to take any special procedural steps given the claimant is domiciled outside the...
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Produced in partnership with Kayleigh Lindford of Clarke Willmott 5th Jun
Q&As
What is the latest case law on the court's position to particulars of claim being served late (when no application for relief has been made)?Time for...
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5th Jun
Q&As
We need to issue proceedings against a private school which is a charitable trust. Do we need to name all the trustees and provide each of their...
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Produced in partnership with Graeme Kirk of Lamb Chambers 5th Jun
Q&As
When the judgment creditor serves an interim charging order and application documents on the judgment debtor as required under CPR 73.7, is it...
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Produced in partnership with Kayleigh Lindford and Philip Roberts of Clarke Willmott 5th Jun
Q&As
Do you have more information on section 7 of the Interpretation Act 1978?Section 7 of the Interpretation Act 1978 (IA 1978) states:'Where an Act...
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5th Jun

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