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Claims involving a child

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Latest PI & Clinical Negligence News

Desirability of proceeding against all defendants in the same jurisdiction takes libel claim over section 9 jurisdiction hurdle (Soriano v Forensic News)

Desirability of proceeding against all defendants in the same jurisdiction takes libel claim over section 9 jurisdiction hurdle (Soriano v Forensic News)

The following Dispute Resolution news provides comprehensive and up to date legal information on Desirability of proceeding against all defendants in the same jurisdiction takes libel claim over section 9 jurisdiction hurdle (Soriano v Forensic News)

Exception permits admission in evidence of ‘without prejudice’ statements from mediation (Berkeley Square Holdings v Lancer Property Asset Management)

Exception permits admission in evidence of ‘without prejudice’ statements from mediation (Berkeley Square Holdings v Lancer Property Asset Management)

The following Dispute Resolution news provides comprehensive and up to date legal information on Exception permits admission in evidence of ‘without prejudice’ statements from mediation (Berkeley Square Holdings v Lancer Property Asset Management)

Back to the future—in-depth analysis of Lipton and another v BA City Flyer Ltd

Back to the future—in-depth analysis of Lipton and another v BA City Flyer Ltd

The following Corporate Crime news provides comprehensive and up to date legal information on Back to the future—in-depth analysis of Lipton and another v BA City Flyer Ltd

The iniquity defence in claims for misuse of private information (Brake v Guy)

The iniquity defence in claims for misuse of private information (Brake v Guy)

The following Commercial news provides comprehensive and up to date legal information on The iniquity defence in claims for misuse of private information (Brake v Guy)

Featured PI & Clinical Negligence content

Pain, suffering and loss of amenity

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...

Past loss of earnings

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...

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 Courts Act 2015 (CJCA 2015) and the...

Psychiatric injury—secondary victims

Psychiatric injury—secondary victims

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...

Practice notes

CRU certificates—recoverable benefits and lump sum payments

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

Psychiatric injury—primary victims

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

Smith v Manchester awards

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

Time limits under the Limitation Act 1980—personal injury claims

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

Collateral benefits and double recovery

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

Was the damage foreseeable?

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

Motor insurance

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

Qualified one-way costs shifting (QOCS)—case tracker

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

Low Velocity Impact RTAs—in detail

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

Personal injury experts

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

Fraud, exaggeration and LVIs in personal injury claims

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

Claims under the Consumer Protection Act 1987

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

Misfeasance in public office

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

Part 36 offers in PI and clinical negligence claims

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

Applying for an interim payment order in personal injury claims

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

Drafting counter schedules of loss in PI and clinical negligence claims

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

Costs orders—children, protected parties and litigation friends

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

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

Claims involving a child—investment of damages

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

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

Claims involving a child—the court approval hearing

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

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

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

Sexual abuse claims

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

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?

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
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?

The costs of claims which started within the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA Protocol) are...
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18th Mar
Practice notes

Pedestrians, children and passengers involved in road traffic accidents

Certain categories of claimant are considered more vulnerable than others. Included in this category...
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18th Mar
Practice notes

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

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
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?

We have assumed that:•the person is a child under the age 18 but that they will not lack capacity to make decisions when they reach 18•damages have...
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12th Mar
Practice notes

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

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

Claims on behalf of children—an introduction

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

Claims involving a child—appointment of a litigation friend

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

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?

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

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?

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

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?

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

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?

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

Does a litigation friend’s witness statement in support of an application for court approval need to include details about the level of success fee being deducted from the claimant’s damages?

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

Popular documents

LEXISNEXIS

Title guarantee and covenants for title

On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.

LEXISNEXIS

Skeleton arguments

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the

LEXISNEXIS

Issue of redeemable shares

A limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital to shareholders without

LEXISNEXIS

The equity of redemption

Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog