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Accidents on the highway

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Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

The following Dispute Resolution news provides comprehensive and up to date legal information on Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

The operation and future of Practice Direction 3D and the Asbestos List

The operation and future of Practice Direction 3D and the Asbestos List

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on The operation and future of Practice Direction 3D and the Asbestos List

Henderson v Henderson considered in context of unfair prejudice proceedings (Taylor Goodchild Ltd v Taylor and Scott Taylor Law Ltd)

Henderson v Henderson considered in context of unfair prejudice proceedings (Taylor Goodchild Ltd v Taylor and Scott Taylor Law Ltd)

The following Corporate news provides comprehensive and up to date legal information on Henderson v Henderson considered in context of unfair prejudice proceedings (Taylor Goodchild Ltd v Taylor and Scott Taylor Law Ltd)

Who to sue? Non-delegable duties of care to patients and vicarious liability for self-employed dentists (Hughes v Rattan)

Who to sue? Non-delegable duties of care to patients and vicarious liability for self-employed dentists (Hughes v Rattan)

The following Dispute Resolution news provides comprehensive and up to date legal information on Who to sue? Non-delegable duties of care to patients and vicarious liability for self-employed dentists (Hughes v Rattan)

Featured PI & Clinical Negligence content

Medco

Medco

MedcoSTOP PRESS: A new RTA small claims protocol for whiplash claims comes into effect for accidents occurring on or after 31 May 2021. The small...

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)

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...

Motor claims in the Portal—a practical guide (Stage 1)

Motor claims in the Portal—a practical guide (Stage 1)

Motor claims in the Portal—a practical guide (Stage 1)The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April...

Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status.

Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status.

Article 75 is an agreement between the Motor Insurers’ Bureau (the MIB) and its members under which the motor insurer will accept liability in certain...

Practice notes

Credit hire—an introduction

Credit hire—an introductionReplacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to...
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Produced in partnership with Andrew Wilson 19th May
Practice notes

What is fundamental dishonesty?

What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...
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19th May
Practice notes

Psychiatric injury—primary victims

Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
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19th May
Practice notes

The employer’s duty of care

The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
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19th May
Practice notes

CRU certificates—recoverable benefits and lump sum payments

CRU certificates—recoverable benefits and lump sum paymentsSeparate legislation covers the recovery of NHS charges. For guidance on requesting and...
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19th May
Practice notes

Duty of care and breach in clinical negligence claims

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...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 19th May
Practice notes

Vicarious liability in the course of employment—the close connection test

Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
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Produced in partnership with Andrew Wilson 19th May
Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
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19th May
Q&As

In a road traffic accident claim where the claim is proceeding in the portal, does the section 152 notice need to be sent to the defendant’s insurers if you are issuing proceedings due to limitation approaching?

Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...
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Produced in partnership with David Sawtell of 39 Essex Chambers 19th May
Q&As

We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and judgment was given by the court in favour of the defendant for damages and a costs order was made in his favour pursuant to CPR 45.29G. The court order, however, also includes a provision that the sum ordered for costs is not to be enforced without permission of the court. Does the claimant's QOCS protection extend to cover the costs order made in the defendant's favour in respect of the costs of successfully bringing his counterclaim?

We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and...
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Produced in partnership with David Green of 12 King's Bench Walk 19th May
Practice notes

Quantifying damages for the estate under the Law Reform Act

Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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19th May
Precedents

Schedule of special damages—serious injury multi track

[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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19th May
Practice notes

Psychiatric injury—secondary victims

Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 19th May
Practice notes

Low Velocity Impact RTAs—in detail

Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...
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Produced in partnership with Andrew Wilson 19th May
Practice notes

Loss of congenial employment

Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial...
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19th May
Practice notes

Military claims

Military claimsBackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown...
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19th May

Most recent Accidents on the highway content

Q&As

When a claimant trips over a manhole which was uncovered on a public footpath who should the claim be directed to? The eventual repair to the manhole was carried out by the appropriate water body. If the water body is liable, is there any guidance on what needs to be proved in showing the hazard was unsafe?

When a claimant trips over a manhole which was uncovered on a public footpath who should the claim be directed to? The eventual repair to the manhole...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 1st Aug
Q&As

Are public owned car parks covered by the duty to maintain under section 41 of the Highways Act 1980?

Are public owned car parks covered by the duty to maintain under section 41 of the Highways Act 1980?There does not appear to be a specific authority...
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31st Jul
Practice notes

Defences by the highway authority

Defences by the highway authorityStatutory defence—section 58As noted in the Practice Note: Establishing the dangerous condition of highways, the...
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31st Jul
Practice notes

Establishing the dangerous condition of highways

Establishing the dangerous condition of highwaysDuty of careThe duty of care to highway users is set out in section 41 of the Highways Act 1980 (HiA...
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31st Jul
Q&As

A personal injury claim has been issued against my client as a second defendant. My client has denied liability from the start on the basis that they do not own the land in question but the first defendant has refused to accept liability. Is the second defendant able to recover legal costs from the first defendant for not accepting liability?

A personal injury claim has been issued against my client as a second defendant. My client has denied liability from the start on the basis that they...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 31st Jul
Q&As

A utilities company drainage system has an external above-ground box that rests on the boundary between public (local authority) and private (landlord and tenant) property. If this box were to cause an injury due to being improperly maintained, would the claimant have a right of action against the water company, the local council, or their landlord? Of these options, how would each be pursued and what defences would the respective parties have?

A utilities company drainage system has an external above-ground box that rests on the boundary between public (local authority) and private (landlord...
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Produced in partnership with Peter Edwards of Devereux Chambers 31st Jul
Q&As

Can you direct me to any case law regarding road traffic accidents being caused by mud deposits on the road?

Can you direct me to any case law regarding road traffic accidents being caused by mud deposits on the road?If the highway is maintainable at public...
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31st Jul
Q&As

Is there any case law on whether a defendant be liable for failing to grit/salt an area? In particular what reliance can be placed on historical weather data?

Is there any case law on whether a defendant be liable for failing to grit/salt an area? In particular what reliance can be placed on historical...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 31st Jul
Q&As

Are there any case authorities for where a claimant fell off a pavement due to poor lighting?

Are there any case authorities for where a claimant fell off a pavement due to poor lighting?It is well established that the duty to maintain the...
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31st Jul
Practice notes

Accidents on the highway—duty to maintain

Accidents on the highway—duty to maintainTypes of accidentsA personal injury claimant who has been injured in an accident on a highway may claim that...
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31st Jul
Precedents

Part 20 claim by highway authority against a sub-contractor in negligence and breach of contract

Part 20 claim by highway authority against a sub-contractor in negligence and breach of contract[In the High Court of JusticeORIn the county court at...
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30th Jul
Precedents

Defence to a Part 20 claim by highway authority against a sub-contractor in negligence and breach of contract

Defence to a Part 20 claim by highway authority against a sub-contractor in negligence and breach of contract[In the High Court of JusticeORIn the...
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30th Jul
Precedents

Claim against a highway authority in negligence and for breach of the Highways Act 1980

Claim against a highway authority in negligence and for breach of the Highways Act 1980[In the High Court of JusticeORIn the County Court at...
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30th Jul
Precedents

Claim against a highway authority in negligence and for breach of the Highways Act 1980, injuries caused by poorly maintained road

Claim against a highway authority in negligence and for breach of the Highways Act 1980, injuries caused by poorly maintained roadIn the county court...
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Produced in partnership with Thea Wilson of 12 Kings Bench Walk 30th Jul
Precedents

Defence of a highway authority against a claim for flooding

Defence of a highway authority against a claim for flooding[In the High Court of JusticeORIn the County Court at [insert]][[Specify...
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30th Jul

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Fixtures and fittings

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EL/PL claims in the portal—a practical guide (Stage 1)

EL/PL claims in the portal—a practical guide (Stage 1)

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