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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
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
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
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
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
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 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 Settlement content

Practice notes
This Practice Note addresses the court’s power to encourage resolution through the ADR mechanism of mediation. The leading case is Halsey v Milton...
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18th Jan
Practice notes
The opening presentations will be made by each party in a joint meeting at the beginning of the mediation, for further detail of how mediations may...
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18th Jan
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for historical reference only as it explains Part 36 of...
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18th Jan
Practice notes
What is the Mediation Service?The Mediation Service is defined in CPR 26.4A(3) as meaning the Small Claims Mediation Service. This is a service...
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18th Jan
Practice notes
It is clear that an unreasonable refusal to mediate or engage in some other form of alternative dispute resolution (ADR) process may well render a...
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18th Jan
Practice notes
Note: This Practice Note is for historical reference, showing the changes to CPR 36 effective as at 6 April 2007, so as to distinguish the law from...
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18th Jan
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for historical reference only as it explains Part 36 of...
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18th Jan
Practice notes
Note: This Practice Note is of largely historical interest.In January 2010 Lord Justice Jackson published his Review of Civil litigation Costs: Final...
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18th Jan
Practice notes
Alternative dispute resolution (ADR)—method of resolving disputes other than by litigation or arbitrationADR clause/notice—a clause in a contract...
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18th Jan
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for historical reference only as it explains Part 36 of...
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18th Jan
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...
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Produced in partnership with Alice Nash of Hailsham Chambers 18th Jan
Practice notes
Unlike a settlement arrived at after proceedings have been issued, where the parties agree to settle their dispute before proceedings have been...
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Produced in partnership with Helen Swaffield of Contract Law Chambers 18th Jan
Practice notes
This Practice Note considers Part 36 offers, setting out some of the decisions dealing with the application of the provisions in Part 36 to disputes...
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Produced in partnership with Imran Benson of Hailsham Chambers 18th Jan
Practice notes
Part 36 precedentsYou may need to consider the validity of an offer in relation to advising clients about Part 36 offers generally, or drafting a Part...
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Produced in partnership with Jake Coleman of Hailsham Chambers 18th Jan
Practice notes
This Practice Note sets out the key steps in the mediation process from before, setting the scene at the mediation, private meetings during the...
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18th Jan
Practice notes
What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...
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18th Jan
Practice notes
This Practice Note considers who should be involved in negotiating a settlement (including team negotiations), issues of confidentiality and subject...
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Produced in partnership with Helen Swaffield of Contract Law Chambers 18th Jan
Practice notes
This Practice Note considers the circumstances in which a settlement agreement may be set aside, including on the grounds of validity, whether by...
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18th Jan
Practice notes
This Practice Note illustrates the transitional provisions for CPR 36 following the re-writing of CPR 36 April 2015. It forms part of a series of...
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18th Jan
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...
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18th Jan

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