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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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26th Oct
Practice notes
To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...
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Produced in partnership with Andrew Wilson 23rd Oct
Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Oct
Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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2nd Oct
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 1st Oct
Practice notes
What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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25th Sep
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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25th Sep
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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25th Sep
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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25th Sep

Most recent Special claims content

Practice notes
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...
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25th Sep
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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25th Sep
Practice notes
Definition of catastrophic injuryIt is common for practitioners to categorise only the most severe of injuries as 'catastrophic' injury. This might...
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25th Sep
Practice notes
Persons under a disabilityClaimants under a disabilityA claimant under a disability is someone who is either:•under 18 years of age, or•of unsound...
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25th Sep
Practice notes
When court approval is requiredAny settlement, compromise or payment arising from a claim on behalf of a protected party is not binding unless it has...
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25th Sep
Practice notes
A child is any person under the age of 18.Litigation friendsIn civil proceedings, a child must have a litigation friend to conduct the proceedings on...
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25th Sep
Practice notes
First meeting and early stagesIn a case of severe injury, it is very important that the practitioner should meet with the claimant and family at an...
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25th Sep
Practice notes
IntroductionThis Practice Note explains the applicable law and procedure where a party dies during the course of a personal injury claim or at the...
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25th Sep
Practice notes
A third version of the Rehabilitation Code was published in September 2015 and became substantially operational on 1 December 2015.For the...
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25th Sep
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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25th Sep
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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25th Sep
Practice notes
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...
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25th Sep
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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25th Sep
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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26th Sep
Practice notes
Appointing a litigation friendA child is any person under the age of 18. In civil proceedings, a child must have a litigation friend to conduct the...
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26th Sep
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 Caroline Klage Bolt Burdon Kemp 26th Sep
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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26th Sep
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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26th Sep
Precedents
CLAIM No.___________IN THE HIGH COURT OF JUSTICEQUEEN’S BENCH DIVISIONParties1X Y(by her litigation friend A C)Claimantand2R BFirst Defendantand3C...
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26th Sep
Precedents
This TRUST is made on [date]Parties1[name] of [address] (the Settlor) and2[name] of [address] and [name] of [address] (the Original...
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26th Sep

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