Special claims

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Featured PI & Clinical Negligence content

Practice notes
Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...
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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
Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
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19th May
Practice notes
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 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
Q&As
Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...
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Produced in partnership with David Sawtell of 39 Essex Chambers 19th May
Practice notes
Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015NOTE: This Practice Note deals with the MIB Uninsured...
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19th May
Practice notes
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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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
Practice notes
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 19th May
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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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
Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 19th May

Most recent Special claims content

Practice notes
Mental capacity in personal injury claimsDefining mental capacityA person lacks capacity in relation to a matter if, at the relevant time, they are...
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13th Sep
Q&As
When acting on a fatal claim and the deceased died intestate, do you need to obtain administration'>letters of administration to accept or make a Part...
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9th Sep
Practice notes
Quantifying losses for dependants—past losses—servicesClaims for past expenses and losses tend to consist principally of the:•lost financial...
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27th Aug
Practice notes
Clinical negligence claims involving labour and delivery—injuries to the childThis Practice Note sets out practical considerations when managing these...
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Produced in partnership with Renée Wood 26th Aug
Practice notes
Rehabilitation in serious brain injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...
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Produced in partnership with Caroline Klage of Bolt Burdon Kemp 26th Aug
Practice notes
Identifying and responding to the needs of vulnerable clientsSolicitors and law firms often provide legal services to clients who are going through...
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24th Aug
Practice notes
Claims against schoolsClaims against schools by pupils can arise in a number of ways, including pupils:•being injured due to condition of...
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23rd Aug
Q&As
How can a conditional fee arrangement be adopted from a litigation friend to a personal representative?Conditional fee arrangementsA conditional fee...
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22nd Aug
Practice notes
The purpose and scope of coroners’ inquests: introductory guide for practitionersCoronavirus (COVID-19): This Practice Note contains guidance impacted...
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Produced in partnership with James Robottom of Matrix Chambers 22nd Aug
Practice notes
Findings, determinations and conclusions of an inquestA coroner (or a jury where there is one) is required to make a determination at the end of an...
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Produced in partnership with James Robottom of Matrix Chambers 22nd Aug
Practice notes
Costs orders—children, protected parties and litigation friendsThis Practice Note considers the recovery of costs in proceedings involving a child or...
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18th Aug
Q&As
What level of general damages can be awarded following a suicide where the claimant took her own life while on a mental health ward and the health...
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17th Aug
Practice notes
Sexual abuse claimsLimitation issuesClaims for abuse are often presented many years after the events giving rise to them.It is usual practice in cases...
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17th Aug
Q&As
A personal injury award, subject to appeal post injured person’s death, has been made. What approach should be taken in valuing the award for...
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15th Aug
Precedents
Personal injury bare trust—childThis TRUST is made on [date]Parties1[name] of [address] acting by [name] of [address] (the Litigation Friend)...
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15th Aug
Precedents
Personal injury bare trust—mentally incapable adultThis TRUST is made on [date]Parties1[name] of [address] acting by [name] of [address] (the...
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15th Aug
Precedents
Personal injury bare trust—mentally capable adultThis TRUST is made on [date]Parties1[name] of [address] (the Settlor) and2[name] of [address] and...
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15th Aug
Q&As
Following the death of wife intestate, the husband starts or continues a clinical negligence claim on her behalf. The husband has now died. Who should...
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15th Aug
Q&As
If the deceased died intestate and a claim was commenced prior to administration'>letters of administration, should a new conditional fee agreement...
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15th Aug

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