Special claims

Special claims guidance:

This Settlement is dated this[•] day of[•] 20[•] and made between: Parties 1 [name] of [address] (the Settlor); and 2 [[name] of [address]; and [name] of [address] (the...

Precedents

This Declaration of Trust is dated this [•] day of [•] 20[•] and made between: Parties 1 [[Name] of [Address] (the Initial Trustees); and] 2 [[Name] of [Address] (the...

Precedents

Appointing a litigation friend The court may make an order appointing a litigation friend. An application for an order appointing a litigation friend can be made by the...

Practice Note

The actions of children are not judged by the same standard as adults. The relevant principles were set out in Honnor v Lewis: (1) children below a certain age are...

Practice Note

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 August 2019....

Practice Note

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 considerations is...

Practice Note

First meeting and early stages In a case of severe injury, it is very important that the practitioner should meet with the claimant and family at an early stage. This...

Practice Note

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 August 2019. This...

Practice Note

Definition of catastrophic injury It is common for practitioners to categorise only the most severe of injuries as 'catastrophic' injury. This might restrict the...

Practice Note

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 themselves • being...

Practice Note

Court directions for investment Where, in any proceedings, money is recovered on behalf of a child, the court may give directions to provide that it will be wholly or...

Practice Note

When court approval is required Any settlement, compromise or payment arising from a claim on behalf of, or against, a child is not binding unless it has been approved by...

Practice Note

Any claim in connection with a fatality will be based on either or both: • the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934), which gives the deceased’s...

Practice Note

When court approval is required Any settlement, compromise or payment arising from a claim on behalf of a protected party is not binding unless it has been approved by...

Practice Note

Where money is recovered on behalf of a protected party, the court may give directions providing that it will be wholly or partly paid into court and invested, or dealt...

Practice Note

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 August 2019. For...

Practice Note

A child is any person under the age of 18. Litigation friends In civil proceedings, a child must have a litigation friend to conduct the proceedings on their behalf...

Practice Note

This Practice Note sets out practical considerations when managing these types of claims, followed by an overview of common types of injury to children occurring during...

Practice Note

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents

Produced in partnership with Ali Malsher of Anthony Gold Solicitors STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6...

Precedents

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 1976 (FAA 1976). See...

Practice Note

A coroner (or a jury where there is one) is required to make a determination at the end of an inquest of the matters which were ascertained from the investigation process...

Practice Note

Elements of a fatal accident claim There are two different elements to a fatal accident claim: • the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) allows...

Practice Note

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 clients may be...

Practice Note

Causes of action When the victim of a personal injury action has died prior to trial, two distinct claims are possible. A claim can be brought for: • the benefit of the...

Practice Note

Persons under a disability Claimants under a disability A claimant under a disability is someone who is either: • under 18 years of age, or • of unsound mind as defined...

Practice Note
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