Special claims

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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
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
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
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
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 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
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
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
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...
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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
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
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
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
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...
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Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 12th Jan

Most recent Special claims content

Practice notes
Solicitors and law firms often provide legal services to clients who are going through some of the most difficult times in their lives. Some of these...
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5th May
Precedents
Filed on behalf of the claimantWitness Statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
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30th Apr
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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27th Apr
Practice notes
This case tracker considers case law on the contributory negligence of children involved in road traffic accident claims. The cases provide useful...
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21st Apr
Practice notes
Certain categories of claimant are considered more vulnerable than others. Included in this category...
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21st Apr
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[SPECIFY SPECIALIST COURT]][[INSERT LOCATION] DISTRICT...
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20th Apr
Practice notes
This Practice Notes sets out the important issues and steps to be considered, preferably with the input of counsel. Indeed, one of the important early...
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Produced in partnership with Andrew Wilson 16th Apr
Practice notes
This Practice Note considers the recovery of costs in proceedings involving a child or a protected party. In the majority of cases, the child or...
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13th Apr
Practice notes
Claims against schools by pupils can arise in a number of ways, including pupils:•being injured due to condition of premises•injuring each other or...
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9th Apr
Practice notes
Control of money recovered by a protected partyKey terms in CPR 21 include:•‘lacks capacity’ means lacks capacity within the meaning of the Mental...
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9th Apr
Practice notes
What can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act 1934?The Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A...
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9th Apr
Practice notes
NOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced that the discount rate would change...
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Produced in partnership with Caroline Klage Bolt Burdon Kemp 9th Apr
Practice notes
Causes of actionWhen the victim of a personal injury action has died prior to trial, two distinct claims are possible.A claim can be brought for:•the...
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9th Apr
Practice notes
Court directions for investmentIf damages are recovered on behalf of a child following a settlement or at trial, the money will not be paid out to the...
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9th Apr
Practice notes
Payments into court are now made in only limited circumstances. These may include:•following an infant settlement•where some protection is required...
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9th Apr
Practice notes
When court approval is requiredAny settlement, compromise or payment (including any voluntary interim payment) arising from a claim on behalf of, or...
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9th Apr
Practice notes
Persons under a disabilityClaimants under a disabilityFor the purposes of the Limitation Act 1980 (LA 1980) a claimant is under a disability while...
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9th Apr
Practice notes
DamagesGeneral damagesGeneral damages are awarded for pain, suffering and loss of amenity. They will be quantified with reference to the medical...
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Produced in partnership with Caroline Klage Bolt Burdon Kemp 9th Apr
Practice notes
A limited class of people who were dependent in some way on the deceased (ie dependants) are entitled to bring a claim under the Fatal Accidents Act...
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9th Apr

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