Accidents abroad

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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 costs reforms following the removal of a...

Pain, suffering and loss of amenity

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...

Past loss of earnings

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...

What is fundamental dishonesty?

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...

Practice notes

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

9th Nov

Practice notes

Smith v Manchester awards

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,...

9th Nov

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

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...

9th Nov

Practice notes

Provisional damages

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...

Produced in partnership with Andrew Wilson 9th Nov

Practice notes

Collateral benefits and double recovery

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...

9th Nov

Practice notes

Was the damage foreseeable?

The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...

9th Nov

Practice notes

Catastrophic injury claims—heads of claim

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...

Produced in partnership with Andrew Wilson 9th Nov

Practice notes

Motor insurance

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

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...

9th Nov

Practice notes

Low Velocity Impact RTAs—in detail

IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...

Produced in partnership with Andrew Wilson 9th Nov

Practice notes

Personal injury experts

Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...

Produced in partnership with Ian Huckstepp of IRH Solicitors 9th Nov

Practice notes

Fraud, exaggeration and LVIs in personal injury claims

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...

Produced in partnership with Andrew Wilson 9th Nov

Practice notes

Misfeasance in public office

The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...

9th Nov

Practice notes

Applying for an interim payment order in personal injury claims

Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...

Produced in partnership with Andrew Wilson 9th Nov

Practice notes

The court’s power to extend the time limit—section 33 of the Limitation Act 1980

The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...

9th Nov

Practice notes

Claims for lost years

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...

9th Nov

Most recent Accidents abroad content

Practice notes

Brexit implementation period—enforcement

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...

27th Nov

Brexit

Practice notes

Package holiday claims

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering package holiday claims. For...

27th Nov

Practice notes

Brexit post implementation period—CPR changes

References in this Practice Note to exit day, the term used in the relevant regulations and Making documents, should be read as IP completion day.This...

26th Nov

Brexit

Practice notes

Claims for food poisoning under the Package Travel Regulations

This Practice Note will identify the factors that need to be considered when making a claim for damages for loss caused as a result of food poisoning...

Produced in partnership with Katherine Allen of Hugh James 26th Nov

Q&As

What step crystallises the date of service when serving out of the jurisdiction using CPR 6.40, eg the law of the foreign defendant?

The rules regarding service of proceedings out of the jurisdiction are set out in CPR 6.30–CPR 6.47, and include rules about when the permission of...

26th Nov

Practice notes

Brexit—considerations for personal injury claims

This Practice Note provides information and guidance on the implementation period and its effect on EU law and UK legislation derived from EU law. It...

26th Nov

Brexit

Practice notes

No deal Brexit—jurisdiction (UK and the Brussels regime) [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.STOP PRESS: This Practice Note is under review to consider the impact of the UK...

26th Nov

Brexit

Practice notes

Brexit—applicable law [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. The UK and EU’s specific proposals for transitional arrangements on applicable...

26th Nov

Brexit

Practice notes

No deal Brexit—service of documents [Archived]

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...

26th Nov

Brexit

Practice notes

No deal Brexit—jurisdiction (UK and the Lugano Convention) [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note has been produced in partnership with Guy Pendell, Liz...

26th Nov

Brexit

Practice notes

Brexit—service of documents [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the impact that Brexit will have on the service of...

26th Nov

Brexit

Practice notes

Brexit—enforcement of judgments [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. The UK and EU’s specific proposals for dealing with the enforcement of judgments...

26th Nov

Brexit

Precedents

Particulars of claim for a direct claim against hotel for an injury caused by poor maintenance of the swimming pool

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering accidents abroad. For guidance,...

Produced in partnership with Sarah Prager of 1 Chancery Lane Chambers 25th Nov

Precedents

Defence on behalf of a package holiday company for an injury which was incurred on a skiing excursion

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering accidents abroad. For guidance,...

Produced in partnership with Sarah Prager of 1 Chancery Lane Chambers 25th Nov

Precedents

Particulars of claim—food poisoning claim under the Package Travel and Linked Travel Arrangements Regulations 2018

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering package holiday claims. For...

Produced in partnership with Andrew Wilson 25th Nov

Precedents

Particulars of claim for an accident which occurred while on a boating excursion abroad

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering accidents abroad. For guidance,...

Produced in partnership with Sarah Prager of 1 Chancery Lane Chambers 25th Nov

Practice notes

Foreign Limitation Periods Act 1984

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering:•which applicable law to...

Produced in partnership with Thomas Ogden of 4 New Square and Anneliese Day QC of Fountain Court Chambers 24th Nov

Practice notes

No deal Brexit—applicable law [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.STOP PRESS: This Practice Note is under review to consider the impact of the UK...

19th Nov

Brexit

Practice notes

No deal Brexit—jurisdiction (EU Member States and the Brussels regime) [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.STOP PRESS: This Practice Note is under review to consider the impact of the UK...

18th Nov

Brexit

Practice notes

Brexit implementation period—jurisdiction

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...

18th Nov

Brexit