Claims involving a child

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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 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
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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9th Nov
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
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
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
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
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
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
Practice notes
Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...
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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: 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

Most recent Claims involving a child content

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
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
Limitation issuesClaims for abuse are often presented many years after the events giving rise to them.It is usual practice in cases involving...
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31st Mar
Q&As
The most recent Uninsured Drivers' Agreement 2015 (the 2015 Agreement) came into force for accidents occurring on or after 1 August 2015.The earlier...
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18th Mar
Practice notes
Certain categories of claimant are considered more vulnerable than others. Included in this category...
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18th Mar
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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18th Mar
Practice notes
This Practice Note sets out practical considerations when managing these types of claims, followed by an overview of common types of injury to...
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Produced in partnership with Renée Wood 4th Mar
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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Produced in partnership with William Dean 26th Feb
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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25th Feb
Q&As
CPR 21.10 provides that the approval of the court is required where, before proceedings are started, a claim is made by a child and a settlement is...
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15th Feb
Q&As
The starting point is that once there is a litigation friend acting on behalf of a party then they cannot be displaced by someone else also wishing to...
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Produced in partnership with Rebecca Jones of Hardwicke 15th Feb
Q&As
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 the court...
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15th Feb
Q&As
Children may give evidence in proceedings, whether or not they are using a litigation friend to bring proceedings.The requirement to have a litigation...
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Produced in partnership with David Green of 12 King's Bench Walk 15th Feb
Q&As
The witness statement must contain details of the success fee and include details of the six matters specified in CPR PD 21 para 11.3. In addition, in...
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Produced in partnership with David Peters 15th Feb

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