Accidents on the highway

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Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Nov
Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
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
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...
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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
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
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
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
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
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
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
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
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
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...
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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

Most recent Accidents on the highway content

Practice notes
Types of accidentsA personal injury claimant who has been injured in an accident on a highway may claim that the maintenance, or the lack of it, of...
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9th Apr
Practice notes
Duty of careThe duty of care to highway users is set out in section 41 of the Highways Act 1980 (HiA 1980), which simply provides that the highway...
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9th Apr
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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9th Apr
Q&As
If the highway is maintainable at public expense, the relevant highway authority is under a duty to maintain it. The duty to maintain highways, set...
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18th Mar
Precedents
[In the High Court of JusticeORIn the County Court at [insert]][[Specify division]][[Specify Specialist court]][[Insert location] District...
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18th Mar
Precedents
[In the High Court of JusticeORIn the County Court at [insert]][[Specify division]][[Specify Specialist court]][[Insert location] District...
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18th Mar
Q&As
Defendants can be liable for failing to grit or salt an area, if the presence of snow and ice subsequently leads to personal injury. The nature of the...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 15th Feb
Precedents
[In the High Court of JusticeORIn the county court at [insert]][[Specify division]][[Specify Specialist court]][[Insert location] District...
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14th Feb
Precedents
[In the High Court of JusticeORIn the county court at [insert]][[Specify division]][[Specify Specialist court]][[Insert location] District...
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14th Feb
Precedents
In the county court at [insert]Claim No:BetweenA B        ClaimantandX...
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Produced in partnership with Thea Wilson of 12 Kings Bench Walk 12th Feb
Q&As
It is well established that the duty to maintain the highway is imposed by section 41(1) of the Highways Act 1980 (HiA 1980), which provides as...
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18th Dec
Q&As
There does not appear to be a specific authority on this point.Maintenance of a highwaySection 41 of the Highways Act 1980 (HIA 1980) provides that...
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7th Dec

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