Claims involving a child

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Practice notes
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?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?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 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 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 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 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 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 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 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 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
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 2015NOTE: This Practice Note deals with the MIB Uninsured...
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19th May
Practice notes
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 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 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 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 1980Persons under a disabilityClaimants under a disabilityFor the...
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29th Jun
Practice notes
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 trackerThis case tracker considers case law on the contributory...
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14th 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?Child defendantsAlthough a...
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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...
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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...
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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...
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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?The new protocols for RTA and EL/PL claims outline...
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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?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...
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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...
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Produced in partnership with Rankeshwar Batta of Anthony Collins Solicitors 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,...
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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...
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Produced in partnership with Rebecca Jones of Hardwicke 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...
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5th Jun

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