Accidents on the highway

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Practice notes
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?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 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 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 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 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 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 debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
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19th May
Q&As
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
Practice notes
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
[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 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 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 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 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
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 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 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
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...
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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?It is well established that the duty to maintain the...
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31st Jul
Practice notes
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[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[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[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 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[In the High Court of JusticeORIn the County Court at [insert]][[Specify...
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30th Jul

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