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Claims involving a child

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Latest PI & Clinical Negligence News

Personal injury and the potential issues relating to the registration of cyclists and e-scooters

Personal injury and the potential issues relating to the registration of cyclists and e-scooters

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on Personal injury and the potential issues relating to the registration of cyclists and e-scooters

The value of co-funding in litigation funding

The value of co-funding in litigation funding

The following Dispute Resolution news provides comprehensive and up to date legal information on The value of co-funding in litigation funding

Court of Appeal considers the withdrawal of admissions (J v A South Wales local authority)

Court of Appeal considers the withdrawal of admissions (J v A South Wales local authority)

The following Dispute Resolution news provides comprehensive and up to date legal information on Court of Appeal considers the withdrawal of admissions (J v A South Wales local authority)

Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

The following Commercial news provides comprehensive and up to date legal information on Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

Featured PI & Clinical Negligence content

Pain, suffering and loss of amenity

Pain, suffering and loss of amenity

Pain, suffering and loss of amenityValuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of...

Medco

Medco

MedcoSTOP PRESS: A new RTA small claims protocol for whiplash claims comes into effect for accidents occurring on or after 31 May 2021. The small...

EL/PL claims in the portal—a practical guide (Stage 1)

EL/PL claims in the portal—a practical guide (Stage 1)

EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury...

Time limits under the Limitation Act 1980—personal injury claims

Time limits under the Limitation Act 1980—personal injury claims

Time limits under the Limitation Act 1980—personal injury claimsThe Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits...

Practice notes

Credit hire—an introduction

Credit hire—an introductionReplacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to...
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Produced in partnership with Andrew Wilson 19th May
Practice notes

Was the damage foreseeable?

Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...
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19th May
Practice notes

What is fundamental dishonesty?

What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...
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19th May
Practice notes

The employer’s duty of care

The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
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19th May
Practice notes

Future loss of earnings—personal injury claims

Future loss of earnings—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...
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19th May
Practice notes

Vicarious liability in the course of employment—the close connection test

Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
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Produced in partnership with Andrew Wilson 19th May
Practice notes

Bringing a claim against a public authority in negligence—basis of duty

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 2017

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 animals

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

The court’s power to extend the time limit—section 33 of the Limitation Act 1980

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 claims

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

In a road traffic accident claim where the claim is proceeding in the portal, does the section 152 notice need to be sent to the defendant’s insurers if you are issuing proceedings due to limitation approaching?

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 2015

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

Damages in clinical negligence claims

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 victims

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
Practice notes

Low Velocity Impact RTAs—in detail

Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...
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Produced in partnership with Andrew Wilson 19th May

Most recent Claims involving a child content

Practice notes

Clinical negligence claims involving labour and delivery—injuries to the child

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 8th Jul
Practice notes

Disability, fraud, concealment and mistake—sections 28 and 32 of the Limitation Act 1980

Disability, fraud, concealment and mistake—sections 28 and 32 of the Limitation Act 1980Persons under a disabilityClaimants under a disabilityFor the...
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29th Jun
Practice notes

Sexual abuse claims

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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24th Jun
Practice notes

Assessing contributory negligence of children in road traffic accident claims—case tracker

Assessing contributory negligence of children in road traffic accident claims—case trackerThis case tracker considers case law on the contributory...
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14th Jun
Q&As

When issuing County Court proceedings on behalf of a protected party, do query use the financial details of the protected party or the litigation friend when working out the court fee payable? Likewise, if you are issuing County Court proceedings for a minor, again do you use the financial details of the minor or the litigation friend when looking at the court fee remission form?

When issuing County Court proceedings on behalf of a protected party, do query use the financial details of the protected party or the litigation...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 5th Jun
Q&As

Can you pursue a claim for personal injury against a child as a defendant, either in their own name or against their parent?

Can you pursue a claim for personal injury against a child as a defendant, either in their own name or against their parent?Child defendantsAlthough a...
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5th Jun
Q&As

What is the procedure to have the court set up a personal injury trust for a minor under CPR 21.11 and what forms and evidence are required and how should this be presented to the court? Who is the settlor of a personal injury trust for a minor?

What is the procedure to have the court set up a personal injury trust for a minor under CPR 21.11 and what forms and evidence are required and how...
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5th Jun
Q&As

When a child dies due to negligence does the three-year limitation period start to run from the date the deceased child would have reached their 18th birthday or the date of death?

When a child dies due to negligence does the three-year limitation period start to run from the date the deceased child would have reached their 18th...
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5th Jun
Q&As

If a process hearing and infant approval hearing has been listed and the matter then settles, does an application need to be made to the court for the hearing to be infant approval only?

If a process hearing and infant approval hearing has been listed and the matter then settles, does an application need to be made to the court for the...
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5th Jun
Q&As

What approach is taken by the Motor Insurer's Bureau in relation to limitation and the Uninsured Drivers' Agreement where the victim was a child at the time of the accident and is now an adult?

What approach is taken by the Motor Insurer's Bureau in relation to limitation and the Uninsured Drivers' Agreement where the victim was a child at...
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5th Jun
Q&As

Post-Jackson: What costs issues arise when acting in a personal injury claim for a child claimant?

Post-Jackson: What costs issues arise when acting in a personal injury claim for a child claimant?The new protocols for RTA and EL/PL claims outline...
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5th Jun
Q&As

If a conditional fee agreement was initially entered into with the claimant's litigation friend (post April 2013) for a clinical negligence claim and the claimant has now reached the age of majority, does a new retainer need to be entered into with the claimant?

If a conditional fee agreement was initially entered into with the claimant's litigation friend (post April 2013) for a clinical negligence claim and...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun
Q&As

Do you have a Precedent notice form for the purposes of CPR 21.9(4)—procedure where appointment of litigation friend ceases as child reaches 18?

Do you have a Precedent notice form for the purposes of CPR 21.9(4)—procedure where appointment of litigation friend ceases as child reaches 18?The...
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5th Jun
Q&As

Do you have any Precedents or guidance in terms of obtaining court approval in a public liability claim brought on behalf of a child which has settled at stage 2 of the portal?

Do you have any Precedents or guidance in terms of obtaining court approval in a public liability claim brought on behalf of a child which has settled...
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5th Jun
Q&As

Can a legally aided birth injury infant claimant make an application for fee exemption at the outset of the claim? Are legally aided clients not subject to fee exemption?

Can a legally aided birth injury infant claimant make an application for fee exemption at the outset of the claim? Are legally aided clients not...
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Produced in partnership with Rankeshwar Batta of Anthony Collins Solicitors 5th Jun
Q&As

What costs apply when an infant claim drops out of the road traffic accident portal and the matter is issued in order for the court to approve the settlement? Will these types of claim be classed as pre-issue or issued? If they are classed as issued under Table 6B, what category would it fall under?

What costs apply when an infant claim drops out of the road traffic accident portal and the matter is issued in order for the court to approve the...
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5th Jun
Q&As

Is it possible to file a witness statement in a child's name in a claim for personal injury, where the child has a clear recollection of the accident, or would it need to be in the name of the litigation friend?

Is it possible to file a witness statement in a child's name in a claim for personal injury, where the child has a clear recollection of the accident,...
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Produced in partnership with David Green of 12 King's Bench Walk 5th Jun
Q&As

Can a solicitor make an application to the court under 21.7 to substitute a litigation friend where contact has been lost with the said litigation friend?

Can a solicitor make an application to the court under 21.7 to substitute a litigation friend where contact has been lost with the said litigation...
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Produced in partnership with Rebecca Jones of Hardwicke 5th Jun
Q&As

Does an infant approval hearing for a fast track personal injury claim attract the fixed costs for ‘hearing’ or is it as D has argued not a contested hearing and therefore not eligible for hearing costs? D has argued it is eligible for pre-allocation costs only as quantum was agreed at that stage. Is there any case law on this matter?

Does an infant approval hearing for a fast track personal injury claim attract the fixed costs for ‘hearing’ or is it as D has argued not a contested...
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5th Jun
Q&As

What is the court procedure and what needs to be considered when arranging for funds from a compromise payment on behalf of a child to be placed in trust?

What is the court procedure and what needs to be considered when arranging for funds from a compromise payment on behalf of a child to be placed in...
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5th Jun

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Joint, several, and joint and several liability

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What is a public authority?

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