Catastrophic claims

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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
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
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
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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Produced in partnership with Andrew Wilson 12th Jan
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
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
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...
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Produced in partnership with Andrew Wilson 12th Jan
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
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 Catastrophic claims content

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 14th 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
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
The spineThe spine is a complex structure, divided into five regions:•cervical (C1 to C7)—the neck region; it has the greatest range of flexibility...
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Produced in partnership with James Byrne of 9 Gough Square 9th Apr
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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Produced in partnership with Andrew Wilson 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 Andrew Wilson 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 Andrew Wilson 19th Mar
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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Produced in partnership with Andrew Wilson 17th Mar
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 4th Mar
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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4th Mar
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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14th Feb
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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14th Feb
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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7th Dec

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