Types of claim

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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 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
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
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
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
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
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
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
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
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
Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...
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9th Nov
Practice notes
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
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
Practice notes
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
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9th Nov
Practice notes
The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...
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9th Nov

Most recent Types of claim content

Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering road traffic accidents. This Practice Note is in the process of...
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18th Jan
Practice notes
See also Practice Note: Occupational stress—establishing liability‘Traditional’ occupational stress claimsThese are cases where the claimant has...
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18th Jan
Practice notes
This Practice Note sets out the changes to the Civil Procedure Rules set out in The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019,...
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18th Jan
Practice notes
This Practice Note is for use when determining applicable law in the courts of England and Wales in respect of events giving rise to damage, where...
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18th Jan
Practice notes
This Practice Note considers the rules of dealing with the recognition and enforcement of judgments as they will apply between the UK’s departure from...
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18th Jan
Practice notes
This Practice Note considers the rules of service as they will apply in the time period between the UK ‘s departure from the EU on 31 January 2020 and...
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18th Jan
Practice notes
This Practice Note is for use when determining applicable law in respect of events giving rise to damage, where such events occurred on or before IP...
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18th Jan
Practice notes
What is a group litigation order?Multiple claims can be managed by the court under a group litigation order (GLO). GLOs may be made, before or after...
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Produced in partnership with Andrew Wilson 18th Jan
Practice notes
This Practice Note considers the rules for determining the applicable law, also known as governing law, as they will apply between the UK’s departure...
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18th Jan
Practice notes
This Practice Note is for use when determining applicable law in the courts of England and Wales respect of events giving rise to damage, where such...
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18th Jan
Practice notes
Who may apply for a group litigation order and when?It is worth noting that, subject to obtaining the appropriate consent (on which see: Application...
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Produced in partnership with Andrew Wilson 18th Jan
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering applicable law, jurisdiction and settlement. for guidance, see...
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Produced in partnership with Thomas Ogden of 4 New Square and Anneliese Day QC of Fountain Court Chambers 18th Jan
Practice notes
This Practice Note considers the rules for determining which court has jurisdiction as they will apply between the UK’s departure from the EU on 31...
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18th Jan
Practice notes
Introduction to the Insurance Act 2015The Insurance Act 2015 (IA 2015) received Royal Assent on 12 February 2015 and, apart from Part 6 of the Act,...
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Produced in partnership with Oliver Saunders of Bryan Cave Leighton Paisner LLP 16th Jan
Practice notes
There have been a number of developments in the law relating to noise exposure in the workplace since 1963 when it was first officially recognised as...
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Produced in partnership with Sue Brown 16th Jan
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering accidents abroad. This Practice Note is in the process of being...
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Produced in partnership with Sue Brown 16th Jan
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering road traffic accidents. This Practice Note is in the process of...
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Produced in partnership with Andrew Wilson 16th Jan
Practice notes
IntroductionThis Practice Note is provided specifically to set out the fundamental change to workplace accident claims brought about by the enactment...
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16th Jan
Practice notes
The statutory defenceAs noted in the Practice Note: Establishing the dangerous condition of highways, the burden is on the claimant to establish a...
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16th Jan
Practice notes
Post 1 October 2013On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) rewrote section 47 of the Health and...
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16th Jan

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