Explore an array of claims pertinent to personal injury and clinical negligence, providing essential insights for practitioners. Navigate through varied cases, from straightforward accidents to intricate medical mishaps, ensuring you're equipped with the knowledge to advocate effectively for your clients. Delve into statutory frameworks, procedural nuances, and strategic considerations that distinguish each claim type, enhancing your proficiency in this specialised field.
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...
The employer’s duty of careThis Practice Note considers the scope of an employer’s common law duty to ensure the safety of their employees with...
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
Pain, suffering and loss of amenityValuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of...
Psychiatric injury—secondary victims—case trackerThis case tracker reviews the case law which has been decided since the lead case of Alcock v Chief Constable of Yorkshire Police in 1991. Subsequent case law developed the concept of secondary victims and explored the extent that courts would allow
Psychiatric injury—establishing liabilityLiability for psychiatric injury is dependent in part on the nature of the injuries suffered and the manner in which they were sustained.Classifying the victimWhere a claimant suffers both physical and psychiatric injury (even if the physical injury was very
Defences to a claim under the Consumer Protection Act 1987Limitation or exclusion of liability for defective products in any contract term, notice or other provision is prohibited.Defences to a claim under the Consumer Protection Act 1987 (CPA 1987) fall into four main categories:•the injured person
Claims against the policeIntroductionThe police force is a pure public authority (ie performs only public functions). Therefore, claims can be brought against it under the Human Rights Act 1998 (HRA 1998) and of misfeasance in public office. For further guidance, see Practice Notes: Personal injury
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