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Latest PI & Clinical Negligence News

Acquired registrations–Court of Appeal rules on defence of use of an earlier registered trade mark pre-dating claimant’s registration (ABP Technology v Voyetra Turtle Beach–STEALTH)

Acquired registrations–Court of Appeal rules on defence of use of an earlier registered trade mark pre-dating claimant’s registration (ABP Technology v Voyetra Turtle Beach–STEALTH)

Acquired registrations–Court of Appeal rules on defence of use of an earlier registered trade mark pre-dating claimant’s registration (ABP Technology v Voyetra Turtle Beach–STEALTH)

Master of the Rolls calls for overhaul of analogue disputes process

Master of the Rolls calls for overhaul of analogue disputes process

The following Arbitration news provides comprehensive and up to date legal information on Master of the Rolls calls for overhaul of analogue disputes process

Defendant bound by costs order agreed between counsel (Ashford Borough Council v Wilson)

Defendant bound by costs order agreed between counsel (Ashford Borough Council v Wilson)

The following Dispute Resolution news provides comprehensive and up to date legal information on Defendant bound by costs order agreed between counsel (Ashford Borough Council v Wilson)

PI & Clinical Negligence weekly highlights—12 May 2022

PI & Clinical Negligence weekly highlights—12 May 2022

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—12 May 2022

Featured PI & Clinical Negligence content

Misfeasance in public office

Misfeasance in public office

Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...

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...

Psychiatric injury—secondary victims

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...

Occupiers’ liability claims—lawful visitors

Occupiers’ liability claims—lawful visitors

Occupiers’ liability claims—lawful visitorsBackgroundThe Occupiers’ Liability Act 1957 (OLA 1957) was enacted to provide for a ‘common duty of care’...

Practice notes

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson...
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16th Nov
Practice notes

Past loss of earnings

Past loss of earningsCommon issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For...
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16th Nov
Practice notes

Psychiatric injury—primary victims

Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
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16th Nov
Practice notes

Claims for compensation to the Criminal Injuries Compensation Scheme

Claims for compensation to the Criminal Injuries Compensation SchemeWhile a victim of crime can bring a civil claim for damages for personal injuries...
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Produced in partnership with Neil Sugarman of GLP Solicitors 16th Nov
Practice notes

Common recoverable losses in personal injury cases

Common recoverable losses in personal injury casesGeneral damagesPain, suffering and loss of amenityThe court will make a monetary award to reflect...
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16th Nov
Practice notes

Cost of care—personal injury claims

Cost of care—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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16th Nov
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 Apr
Q&As

What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal the claim was valued at over £1,000.

What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...
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16th Nov
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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16th Nov
Q&As

Where a claimant has obtained default judgment pursuant to CPR 12.4(1) will the court order a disposal hearing or allocate the case to a track and give standard fast track directions?

Where a claimant has obtained default judgment pursuant to CPR 12.4(1) will the court order a disposal hearing or allocate the case to a track and...
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16th Nov
Practice notes

Road traffic claims—other heads of loss

Road traffic claims—other heads of lossHeads of loss associated with a road traffic accident claimWhen considering potential losses in a claim arising...
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16th Nov
Q&As

In the event of a no-deal Brexit, will claimants still have a direct right of action against motor insurers?

In the event of a no-deal Brexit, will claimants still have a direct right of action against motor insurers?This question relates to the European...
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Produced in partnership with Andrew Wilson 19th Apr
tag iconBrexit
Q&As

If the claimant died before the court approval hearing would the personal representatives of their estate attend the court approval hearing or would the need for the court approval hearing cease as the 'protected party' would be dead?

If the claimant died before the court approval hearing would the personal representatives of their estate attend the court approval hearing or would...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th Apr
Q&As

Can a claimant claim for loss of enjoyment of a holiday or activity as a result of an injury sustained in a road traffic accident. If so, how is this loss quantified?

Can a claimant claim for loss of enjoyment of a holiday or activity as a result of an injury sustained in a road traffic accident. If so, how is this...
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16th Nov
Precedents

Claimant’s Part 36 offer—liability only

Claimant’s Part 36 offer—liability onlyDear [insert organisation name]This is a claimant’s offer, made pursuant to CPR Part 36. If the offer is...
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Produced in partnership with David Willink of Lamb Chambers 19th Apr
Precedents

Defence of driver whose passenger knowingly travelled in the vehicle when the driver was under the influence of alcohol or drugs

Defence of driver whose passenger knowingly travelled in the vehicle when the driver was under the influence of alcohol or drugsDefence for a...
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16th Nov

Popular documents

Liquidated damages in construction contracts

Liquidated damages in construction contracts

Liquidated damages in construction contractsThis Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the difference between liquidated damages and general (or unliquidated) damages and looks at the enforceability of

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in BankruptcyThe office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act 1856 . Previously, the functions of the AiB were limited but since 1993, with the enactment of the Bankruptcy (Scotland) Act 1993 (B(S)A 1993), the role

Standard Commercial Property Conditions (Third Edition—2018 Revision)

Standard Commercial Property Conditions (Third Edition—2018 Revision)

The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a

Contract interpretation—express terms in contracts

Contract interpretation—express terms in contracts

Contract interpretation—express terms in contractsExpress and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made