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Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...
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9th Nov
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
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
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
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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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
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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Produced in partnership with Andrew Wilson 12th Jan
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
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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Produced in partnership with Andrew Wilson 12th Jan
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
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...
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9th Nov

Most recent Accidents abroad content

Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers the rules of service as they will apply in the time...
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8th Apr
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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6th Apr
Practice notes
This Practice Note only contains provisions effective from 6 April 2015 onwards for claims which have followed the RTA or EL/PL Protocol and from 7...
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25th Mar
Practice notes
Note: The UK’s departure from the EU and the completion of the transition or implementation period (IP completion) has very significant implications...
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23rd Mar
Practice notes
Note: The UK has applied to join the Lugano Convention as an independent state. For guidance, see Practice Note: What does IP completion day mean for...
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23rd Mar
Precedents
In the County Court at [insert]Claim No. [insert number]BetweenA        ClaimantandB        Defendant_______________________Particulars of...
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Produced in partnership with Sarah Prager of 1 Chancery Lane Chambers 19th Mar
Precedents
IN THE [COUNTY COURT AT [insert jurisdiction] OR HIGH COURT]Claim No. [insert claim number]Parties:[Claimant’s name]        Claimant-and-[Defendant’s...
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Produced in partnership with Andrew Wilson 2nd Mar
Precedents
IN THE COUNTY COURT AT [insert]Claim No. [insert number]Parties(1)A(2)B        Claimants-and-C        Defendant______________________PARTICULARS OF...
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Produced in partnership with Andrew Wilson 2nd Mar
Precedents
To [Defendant]Dear SirsDefendant's Booking Reference:Claimant's full name and address:Dates of Holiday:Name of Hotel/Resort and board basis:Room...
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2nd Mar
Precedents
IN THE [COUNTY COURT AT [insert jurisdiction] OR HIGH COURT]Claim No. [insert claim number]Parties:[Claimant’s name]        Claimant-and-[Defendant’s...
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Produced in partnership with Andrew Wilson 2nd Mar
Precedents
In the County Court at [insert]Claim No. [insert number]BetweenA        ClaimantandB        Defendant______________________Particulars of...
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Produced in partnership with Sarah Prager of 1 Chancery Lane Chambers 2nd Mar
Practice notes
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...
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Produced in partnership with Katherine Allen of Hugh James 2nd Mar
Practice notes
The Pre-Action Protocol for Resolution of Package Travel Claims (the Package Travel Protocol) applies to claims valued up to £25,000 where no letter...
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2nd Mar
Q&As
It has not been indicated in the above facts the jurisdiction in which the personal injury was suffered. Matters will be relatively straightforward if...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 15th Feb
Q&As
There is nothing in the Civil Procedure Rules 1998 (CPR) that precludes a claimant from pursuing a claim in England and Wales simply because they...
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15th Feb
Q&As
We refer you to the following Precedents which you may be able to adapt for your purposes:•Particulars of claim by holiday maker who is injured in a...
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15th Feb
Precedents
In the County Court at [insert]Claim No. [insert number]BetweenA        ClaimantandB        Defendant_____________________Particulars of...
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Produced in partnership with Sarah Prager of 1 Chancery Lane Chambers 12th Jan
Precedents
In the County Court at [insert]Claim No. [insert number]BetweenA        ClaimantandB        Defendant__________DEFENCE__________1It is admitted and...
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Produced in partnership with Sarah Prager of 1 Chancery Lane Chambers 12th Jan
Q&As
For the purposes of this Q&A, wehave focussed on a brief overview in terms of the rights under the Package Travel, Package Holidays and Package Tours...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 8th Jan

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