Types of claim

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Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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9th Nov
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
Precedents
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
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
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
To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...
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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 Andrew Wilson 12th Jan
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
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 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
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
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
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...
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Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 12th Jan

Most recent Types of claim content

Practice notes
Motor claims in the Portal—a practical guide (Stage 2 onwards)The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic...
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Produced in partnership with Sue Brown 13th May
Practice notes
The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April 2013 onwardsTHIS PRACTICE NOTE ONLY CONTAINS...
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13th May
Practice notes
Uninsured drivers and the role of the MIB—for accidents occurring between 1 October 1999 and 31 July 2015 [Archived]ARCHIVED: This Practice Note has...
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13th May
Practice notes
EL/PL claims in the portal—a practical guide (Stage 2 onwards)This Practice Note aims to provide an overview of the Pre-Action Protocol for Low Value...
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Produced in partnership with Sue Brown 13th May
Practice notes
Defences to a claim under the Consumer Protection Act 1987Limitation or exclusion of liability for defective products in any contract term, notice or...
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13th May
Practice notes
Mesothelioma claims—procedureThe Pre-Action Protocol for Disease and Illness ClaimsThis Protocol applies to all personal injury claims where the...
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13th May
Practice notes
The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) ClaimsThe Pre-Action Protocol for Low Value Personal...
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13th May
Practice notes
Claims for implanted medical devicesGuidance on care standards for cosmetic procedures is provided by the General Medical Council and came into effect...
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Produced in partnership with Conor Dufficy of 7 Bedford Row 13th May
Practice notes
Rome II—application and interpretationThis Practice Note is for use when determining applicable law in respect of events giving rise to damage, where...
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12th May
Practice notes
Rome II—the general rule and displacing the general rule This Practice Note is for use when determining applicable law in respect of events giving...
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12th May
Practice notes
Retained Rome II—the general rule and displacing the general rule This Practice Note is for use when determining applicable law in the courts of...
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12th May
Precedents
Defence alleging contributory negligence in occupier's liability claim[In the High Court of JusticeORIn the COUNTY COURT AT [insert]][[Specify...
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12th May
Precedents
Defence to claim for personal injury arising out of an assault by a police officer[In the High Court of JusticeORIn the County Court at [insert]]Claim...
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12th May
Practice notes
Accidents arising from air travelThe lawThere are two Conventions to consider governing the liability of air carriers for loss, injury and damage...
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12th May
Practice notes
Retained Rome II—application and interpretationThis Practice Note is for use when determining applicable law in the courts of England and Wales...
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12th May
Practice notes
Claims under the Consumer Protection Act 1987Nature of rights under the Consumer Protection Act 1987It is important for practitioners to understand...
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12th May
Practice notes
Summary of key health and safety regulations for personal injury lawyersThis Practice Note sets out with a very brief summary the key health and...
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12th May
Practice notes
Rail accidents occurring in the UKAn undertaker who is operating a railway under statutory authority (‘railway undertaker’) has a common law duty of...
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11th May
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers the rules for determining which court has...
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10th May
Practice notes
IntroductionA claimant may be able to pursue a claim under the Human Rights Act 1998 (HRA 1998) against a public authority for a breach of their...
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7th May

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