Types of claim

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Practice notes
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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26th Oct
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 23rd Oct
Practice notes
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 Oct
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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2nd Oct
Practice notes
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 1st Oct
Practice notes
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...
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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
Practice notes
Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...
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26th Sep
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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26th Sep
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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26th Sep
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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25th Sep
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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25th Sep
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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25th Sep
Practice notes
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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25th Sep

Most recent Types of claim content

Practice notes
The actions of children are not judged by the same standard as adults. The relevant principles were set out in Honnor v Lewis:(1) children below a...
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25th Sep
Practice notes
The pre-action protocol for low value road traffic accident claims—30 April 2013 onwardsTHIS PRACTICE NOTE ONLY CONTAINS PROVISIONS EFFECTIVE AS AT 30...
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Produced in partnership with Sue Brown 25th Sep
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
Read More >
25th Sep
Practice notes
STOP PRESS: This Practice Note is under review to consider the impact of the UK and the EU entering into the Withdrawal Agreement. The Withdrawal...
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25th Sep
Practice notes
Post 1 October 2013On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) came into force. For workplace injuries...
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25th Sep
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...
Read More >
25th Sep
Practice notes
Post 1 October 2013On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) came into force. For workplace accidents...
Read More >
25th Sep
Practice notes
The courts, when dealing with claims arising from participation in sport, recognise to a certain extent the acceptance by participants of some degree...
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25th Sep
Practice notes
The nature of the duty owed by bus driversA bus driver owes the same duty to other road users, including passengers, as any other driver, that duty is...
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25th Sep
Practice notes
Enforceability of contractsSome credit hire agreements have been vulnerable to attack as unenforceable where the credit hire company has failed to...
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25th Sep
Practice notes
Time periods for lodging the applicationA claimant has two years from the date of the incident to apply for compensation.Under the Criminal Injuries...
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25th Sep
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering package holiday claims. For...
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25th Sep
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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25th Sep
Practice notes
There are a number of circumstances in which the common law offers no remedy but a claim under the Human Rights Act 1998 (HRA 1998) may still be...
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25th Sep
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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25th Sep
Practice notes
Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; England & Wales; France; India; Ireland; Italy; Japan; Korea;...
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25th Sep
Practice notes
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
Read More >
25th Sep
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...
Read More >
25th Sep
Practice notes
BackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown Proceedings Act 1947...
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25th Sep
Practice notes
'Repetitive strain injury' (RSI) usually refers to pain or injury arising from repetitive movements. Most commonly, the repeated movements cause...
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25th Sep

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